SoCal Edison seeks $36 million tax refund

Southern California Edison representatives told the Nevada Tax Commission on Wednesday they will try again to get the $36 million tax refund granted once before by commissioners.

"We will definitely appeal," said consultant Tony Smith representing the utility. "We won on the merits before. We will win on the merits again."

The original refund was voided by the Nevada Supreme Court in April because the Tax Commission closed the entire tax appeal to the public in violation of the state's open meeting law.

The Tax Commission decided not to call a rehearing of the case, On Thursday, lawyer Norm Azevedo advised commissioners they want to pursue a rehearing of the case.

Smith said the first task will be to determine the procedures for the case. No dates have yet been set.

The Supreme Court ruling overturned more than 20 years of practice by the commission of routinely locking out the press and public when considering taxpayer appeals. The law allowing closure of some parts of appeals is designed to protect confidential personal and business information.

Out of concern about the case, the governor and Legislature put aside a special $36 million fund in case they lost that court case. If the state eventually has to make the refund, the total cost will be much higher than the original $36 million. The case dates back to 2003 and interest has been raising that total at a rate of 6 percent a year.

- Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.