Carson Hybrid Energy Storage v. Turlock Irrigation District CA5

BACKGROUND

Carson’s Complaint On March 9, 2023, Carson filed a complaint in Stanislaus County alleging, in relevant part, the following: Turlock operates as a public corporation that provides electricity services to ratepayers and other utilities. Relevant here, Turlock provides “non-discriminatory transmission access” to other utilities, meaning Turlock “awards interconnection requests and transmission services on a first come first serve equal basis, without regard to project owner.” Carson, a private company, needed to interconnect a future energy storage project with Turlock’s transmission system to sell energy to the electrical grid. On January 7, 2021, the parties entered an Interconnection System Impact Study Agreement (ISISA). In return for Carson’s deposit and funding, Turlock would issue a report consistent with the ISISA’s parameters within six to nine months detailing the projected impact of Carson’s project on Turlock’s system, estimating Carson’s costs to upgrade any necessary equipment to secure interconnection, and projecting the time to complete interconnection. Beyond Carson’s deposit, Turlock would invoice Carson for any necessary work, provide those invoices…