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FILE – This April 4, 2017, file photo shows the entrance to FirstEnergy Corp.'s Davis-Besse Nuclear Power Station in Oak Harbor, Ohio.
FILE – This April 4, 2017, file photo shows the entrance to FirstEnergy Corp.’s Davis-Besse Nuclear Power Station in Oak Harbor, Ohio. Akron-based FirstEnergy Corp.’s customers in Ohio would pay higher rates under a proposed bailout for the state’s two nuclear plants, the Davis-Besse Nuclear Power Station in Oak Harbor, Ohio, and the Perry Nuclear Power Plant in Perry, Ohio. The aging plants provide jobs and make 14 percent of Ohio’s electricity, but face stiff competition from cheaper natural gas plants. (AP Photo | Ron Schwane, File)

Nuclear Plants Want Court to Stop Vote on Financial Rescue

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COLUMBUS, Ohio (AP) — The owner of Ohio’s two nuclear power plants is asking the state Supreme Court to block a proposed statewide vote that aims to overturn a financial rescue for the plants.

FirstEnergy Solutions argues in a lawsuit filed Wednesday that the financial rescue approved by state lawmakers in July can’t be overturned by voters because it amounts to a tax.

The company says the Ohio Constitution prohibits tax levies from being overturned by voters.

Opponents of the $1.5 billion rescue package for the nuclear plants and two coal-fired plants are collecting signatures to put the issue on the ballot in November 2020.

The financial rescue adds a new fee on every electricity bill in the state and scales back requirements that utilities generate more power from wind and solar.