In Re California Wholesale Electricity Antit. Litigation
California Wholesale Electricity Antitrust Litigation Public Utility District No. 1 v. Dynegy Power Marketing, Inc.
Opinion
Opinion
Whaley, J.
ORDER GRANTING MOTIONS TO DISMISS
Before the Court is Defendant Powerex Corporation’s Motion to Dismiss and Motion to Strike (Ct.Rec.3) and Defendants’ Motion to Dismiss Complaint (Ct.Rec.12). A hearing was held on December 19, 2002 in San Diego, California. Plaintiffs and Defendants were present and represented by counsel.
Background
Defendants’ motions for dismissal are premised on the “filed-rate doctrine” and federal preemption principles. In order to resolve these legal issues; however, it is important to detail the rather complex factual context in which they arise.
A. California’s Deregulated Energy Market
Plaintiff Public Utility District No. 1 of Snohomish County (“Snohomish”) brings the current lawsuit seeking money damages and injunctive relief for prices charged by the Defendants, a group of energy sellers, for sales of electricity made in the deregulated California energy market in the year 2000. A proper determination of the validity of Plaintiffs claims hinges on an understanding of the nature and operation of California’s deregulated energy market.
In the mid-1990s, California moved to deregulate its energy markets. See California Assembly Bill 1890 (AB…