The final order in the lawsuit filed by Dominion Energy Kewaunee against the town of Carlton spells out the payments each entity will owe to the other over the next 10 years.
Door County Circuit Court Judge D. Todd Ehlers, who has been hearing the case in Kewaunee County Circuit Court, signed the order June 5, completing the case involving the town’s assessment of the decommissioned Kewaunee Power Station nuclear plant.
Dominion, which argued the plant was worth nothing but offered to accept a $10 million assessment, sued in 2015 after paying a property tax bill based on the town’s $457.4 million assessment. A second suit was filed over the 2016 assessment of nearly $469 million.
The utility and town announced a settlement in January setting the assessment at $15 million. As part of the agreement, the company waived its right to seek a refund on the town’s portion of the refunds.
According to the final order, Dominion is due a refund of $11,907,612.02, which is to be paid in annual installments of $1,181,712.15 for property tax years 2017 through 2021, and $1,199,810.26 from 2022 to 2026.
The town will petition the state Department of Revenue to charge the payments back to the other taxing jurisdictions in the town – Kewaunee County, the Kewaunee School District, Northeast Wisconsin Technical College, and the state of Wisconsin.
The check will be held in trust until Feb. 20 of the following year or when the town notifies Dominion that the other jurisdictions have paid, whichever date is earlier. The company will then reimburse the town for its share of the payment, which is $45,587.75 for the first six years and $44,616.23 for the remainder.
The economic impact on the town and county will be further mitigated by annual “supplemental payments” of $250,000 to the town of Carlton through 2024 and $500,000 to the county through 2026, payable in two installments and with the same due dates as property taxes: Jan. 31 and July 31.
Ehlers’ order spells out the payments and dismisses the lawsuits with prejudice, meaning Dominion is prohibited from filing another lawsuit on the same grounds, although either side has the right to allege that the agreement has been violated.