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The Man With No Name

01/26/23 10:51 PM

#746173 RE: Robert from yahoo bd #746170

Yeah, I feel you....I feel you're barking up the wrong tree....spit balling because everything else has failed.

What you keep overlooking is the distinction between a statutory action and a regulatory action that doesn't have any basis in a statute.

It's been the better part of a year since WV v EPA. Why hasn't another suit been filed to clawback the NWS payments?

Wise Man

01/27/23 3:02 AM

#746178 RE: Robert from yahoo bd #746170

The NWS "dividend" is legal, if applied towards the repayment of the SPS and recapitalization, the exceptions to the Restriction on Capital Distributions. A Separate Account plan.
The Supreme Court omitted that any action in the best interests of the Agency must be "authorized by this section". Deplete the Core Capital (Retained Earnings) isn't authorized.
Dividends are restricted until FnF meet the Capital adequacy, suspended and out of funds legally available, which there were none (deficit in the Retained Earnings account all along)
That is, it was a capital distribution under the guise of dividend and not an actual dividend.
You ignore what a dividend is. This is why you say "NWS", instead of "NWS dividend".