METROPOLITAN EDISON COMPANY et al v. PENNSYLVANIA PUBLIC UTILITY COMMISSION et al

Filing 63

ORDER THAT THE WITHIN MOTION IS GRANTED. IT IS FURTHER ORDERED THAT THE AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FILED AUGUST 29, 2011 IS DISMISSED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/2013. 9/30/2013 ENTERED AND COPIES E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
METROPOLITAN EDISON COMPANY; and
PENNSYLVANIA ELECTRIC COMPANY,
Plaintiffs
vs.
PENNSYLVANIA PUBLIC UTILITY
COMMISSION;
ROBERT F. POWELSON;
JOHN F. COLEMAN, JR.;
PAMELA A. WITMER;
WAYNE E. GARDNER; and
JAMES H. CAWLEY in their
official capacities as
Commissioners of the Pennsylvania
Public Utility Commission,
Defendants
and
OFFICE OF SMALL BUSINESS
ADVOCATE;
MET-ED INDUSTRIAL USERS GROUP;
and PENELEC INDUSTRIAL CUSTOMER
ALLIANCE,
Intervenor-Defendants

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Civil Action
No. 11-cv-04474

O R D E R
NOW, this 30th day of September, 2013, upon
consideration of Defendants’ Amended Motion to Dismiss Pursuant
to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed
December 21, 2012 (Document 50); upon consideration of the,
pleadings, briefs, and record papers in this matter; and for the
reasons expressed in the accompanying Opinion,
IT IS ORDERED that the within motion is granted.

IT IS FURTHER ORDERED that the Amended Complaint for
Declaratory and Injunctive Relief filed August 29, 2011
(Document 14) is dismissed.
IT IS FURTHER ORDERED that the Clerk of Court shall
mark this case closed for statistical purposes.

BY THE COURT:

/s/ James Knoll Gardner ____
James Knoll Gardner
United States District Judge

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