United States v. Southern California Edison Co.

MEMORANDUM AND ORDER DENYING PLAINTIFF’S CROSS MOTIONS FOR PARTIAL SUMMARY JUDGMENT (DOCS. 257) AND DENYING DEFENDANT’S CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 253).

I. INTRODUCTION

This is an action for damages stemming from a fire allegedly ignited by electrical equipment operated by Defendant Southern California Edison Company (“Defendant” or “SCE”) in Big Creek, California. The fire caused damage to property belonging to the United States of America (“Plaintiff’). Plaintiff alleges that the fire ignited when a squirrel came into contact with a 12kV transformer located within an enclosure known as the 12kV substation.

The parties cross-move for partial summary judgment on the issue of whether the 12kV substation is covered by the Federal Energy Regulatory Commission (“FERC”) licenses held by SCE. Even if the 12kV substation is not covered by the terms of the FERC licenses, the government moves in the alternative for partial summary judgment on the issue of whether SCE is nonetheless liable under the terms of the licenses. Finally, if SCE is found not to be liable under the terms of the license, the government moves for partial summary judgment that SCE is liable in…