California Department of Water Resources v. Powerex Corporation

Filing 237

ORDER signed by Judge Garland E. Burrell, Jr on 10/7/11 DENYING 227 Motion to Confirm End of Stay or, in the Alternative, to Lift Stay. (Meuleman, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CALIFORNIA DEPARTMENT OF WATER
RESOURCES,

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Plaintiff,

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v.

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POWEREX CORPORATION,

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Defendant.
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2:05-cv-0518-GEB-EFB
ORDER*

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On September 9, 2011, Plaintiff California Department of Water

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Resources (“CDWR”) filed a “Motion to Confirm End of Stay or, in the

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Alternative, to Lift Stay (“motion”), arguing FERC has adjudicated three

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pertinent filings. (Pl.’s Mot., 2:1-4.) This case was stayed in an order

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filed

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Commission’s (“FERC”) adjudication of FERC filings referenced in the

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stay order.

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motion and argues FERC is still adjudicating issues that bear directly

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on this case. (Def.’s Opp’n (“Opp’n”), 1:12-2:2.)

September

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4,

2009,

during

the

Federal

Energy

Regulatory

Defendant Powerex Corporation (“Powerex”) opposes the

CDWR requested rehearings on the three FERC filings that CDWR

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argues have been adjudicated. (Mot., 5:11-12.)

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is still actively seeking relief from FERC that bears on issues in this

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case.

This evinces that CDWR

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*

argument.

This matter is deemed suitable for decision without oral
E.D. Cal. R. 230(g).
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Powerex’s

argument

that

two

other

proceedings

at

FERC

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necessitate the stay has not been shown to be within the scope of CDWR’s

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Motion and is an argument that is not properly decided in light of the

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motion CDWR noticed for hearing. Therefore, the merits of this argument

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are not reached.

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Since CDWR has not shown that the stay should be lifted,

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CDWR's motion is denied.

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Dated:

October 7, 2011

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GARLAND E. BURRELL, JR.
United States District Judge

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