United States Ex Rel. Western Area Power Administration v. Pacific Gas & Electric Co.

Memorandum oe decision AND ORDER

The United States, through the Western Area Power Administration (“WAPA”), brings this action against Pacific Gas and Electric Company (“PG & E”), Northern California Power Agency (“NCPA”), and six city members of NCPA (“Cities”) to recover payment for energy sold by WAPA and used by the Cities from May through September 1982, and to resolve disputes between WAPA and PG & E over capacity furnished by WAPA to PG & E. PG & E, NCPA, and the Cities assert various counterclaims and cross-claims. Sacramento Municipal Utility District (“SMUD”) intervened by leave of Court.

Before the Court are the parties’ cross-motions for summary judgment and partial summary judgment and SMUD’s motion to dismiss two of PG & E’s claims. The Court has considered the briefs and other papers filed on these motions and the arguments of counsel based on a previous version of this Order which was furnished to the parties for their comment. There being no material issues of disputed fact, judgment will be entered as stated below.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. Surplus Northwest Energy Sales

During the spring and summer, hydroelectric facilities in the Pacific…