The Georgia Court of Appeals revived a challenge to continued funding for Georgia Power Co.’s two new reactors at Plant Vogtle, ruling a trial judge must determine whether allowing the project—already billions of dollars over budget—to be completed before a court can weigh in would result in “irreparable harm” to the plaintiffs.

Estimates for the costs of the project to be prepaid by ratepayers was initially set at $5.8 billion, but have continued to grow. In 2017, during a semi-annual review, the Public Service Commission voted to allow the costs to continue to be added to customers’ bills and to decide when it was finished whether the increases were “prudent.”

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