Allco Renewable Energy Limited v. Massachusetts Electric Company et al

Filing 87

Chief Judge Patti B. Saris: ORDER entered. Allco's motion for reconsideration of the Court's order on summary judgment (Docket No. 78 ) is DENIED. Section 210(g)(2) of PURPA lays out the enforcement process by [a]ny person against an elect ric utility to enforce any requirement established by a state regulatory authority. 16 U.S.C. § 824a-3(g)(2). There is no federal statutory provision providing a private cause of action for damages against the utility independent of the PURPA enforcement scheme. Section 210(h)(1) applies only to Commission enforcement. Id. § 824a-3(h)(1). Parties shall file proposed form of judgment by 2/6/2017. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
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Plaintiff,
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v.
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MASSACHUSETTS ELECTRIC COMPANY
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D/B/A NATIONAL GRID; ANGELA
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O’CONNOR, JOLETTE WESTBROOK and
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ROBERT HAYDEN, in their official
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capacities as Commissioners of the )
Massachusetts Department of Public )
Utilities; and JUDITH JUDSON, in
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her official capacity as
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Commissioner of the Massachusetts )
Department of Energy Resources,
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Defendants.
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___________________________________)
ALLCO RENEWABLE ENERGY LIMITED,

Civil Action
No. 15-13515-PBS

ORDER
January 23, 2017
Saris, C.J.
Allco’s motion for reconsideration of the Court’s order on
summary judgment (Docket No. 78) is DENIED. Section 210(g)(2) of
PURPA lays out the enforcement process by “[a]ny person” against
an electric utility to “enforce any requirement” established by
a state regulatory authority. 16 U.S.C. § 824a-3(g)(2). There is
no federal statutory provision providing a private cause of
action for damages against the utility independent of the PURPA

enforcement scheme. Section 210(h)(1) applies only to Commission
enforcement. Id. § 824a-3(h)(1).
Parties shall file proposed form of judgment by 2/6/2017.

/s/ PATTI B. SARIS
Patti B. Saris
Chief United States District Judge