Portland General Electric Company et al v. NorthWestern Corporation et al

Filing 190

ORDER re 189 Stipulation. IT IS ORDERED that (1) 2-7 of the Bankruptcy Stipulation are hereby adopted as an order of the Court; and (2) the Court will retain supervisory jurisdiction over the arbitration proceedings under the Federal Arbitration Act. Signed by Magistrate Judge Kathleen L. DeSoto on 9/28/2022. (APP)

Case 1:21-cv-00047-SPW-KLD Document 190 Filed 09/28/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
PORTLAND GENERAL ELECTRIC
COMPANY; AVISTA
CORPORATION; PACIFICORP; and
PUGET SOUND ENERGY, INC.,

CV 21-47-BLG-SPW-KLD

ORDER

Plaintiffs,
vs.
NORTHWESTERN CORPORATION;
TALEN MONTANA, LLC; AUSTIN
KNUDSEN, in his official capacity as
Attorney General for the State of
Montana,
Defendants.

This matter has been stayed since May 10, 2022 pursuant to a Notice of
Suggestion of Bankruptcy filed by Defendant Talen Montana, LLC (Doc. 178) and
the automatic stay provisions of 11 U.S.C. § 362. On August 30, 2022, Plaintiffs
Portland General Electric Company, Avista Corporation, Pacificorp, and Puget
Sound Energy, Inc., and Defendant NorthWestern Corporation, filed a Notice to
Court on Lifting of Automatic Stay. (Doc. 184). The notice advises that on August
25, 2022, the Bankruptcy Court entered a Stipulation and Order (“Bankruptcy
Stipulation”) modifying the automatic stay on the terms set forth therein to permit
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Case 1:21-cv-00047-SPW-KLD Document 190 Filed 09/28/22 Page 2 of 2

this lawsuit and the arbitration to proceed through resolution. (Docs. 184, at 3, 9).
On September 9, 2022, PNW Owners, NorthWestern and Defendant Talen
Montana, LLC filed a Stipulation Regarding Arbitration Procedures and Pending
Motions (“Stipulation”). (Doc. 189). The parties state that they have stipulated to
engage in arbitration pursuant to the Bankruptcy Stipulation and request an order
adopting paragraphs 2-7 of the Bankruptcy Stipulation as an order of the Court.
(Doc. 189, at 2). The parties also stipulate and agree that the Court will retain
supervisory jurisdiction over the arbitration proceedings under the Federal
Arbitration Act 9 U.S.C. § 1 et seq. (Doc. 189, at 2). Accordingly, and pursuant to
the parties’ Stipulation,
IT IS ORDERED that (1) 2-7 of the Bankruptcy Stipulation are hereby
adopted as an order of the Court; and (2) the Court will retain supervisory
jurisdiction over the arbitration proceedings under the Federal Arbitration Act.
DATED this 28th day of September, 2022.
______________________________
Kathleen L. DeSoto
United States Magistrate Judge

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