Tesoro Refining & Marketing Co. v. Pacific Gas & Electric Co.

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT

I. INTRODUCTION

This case concerns.a power outage at the Golden Eagle Refinery (the “Refinery”) owned by Plaintiff Tesoro Refining & Marketing Company LCC (“Tesoro”). Defendant Pacific Gas and Electric Company (“PG&E”) moves for summary judgment on Tesoro’s negligence and breach of contract claims, arguing that a tariff rule approved by the California Public Utilities Commission (“CPUC”) absolves PG&E of liability because the incident was a “transmission related outage.”

The Court held a hearing on October 16, 2015, and on October 20, 2015 issued an order requesting that the CPUC address the scope of the tariff rule. The CPUC has since responded and offered assistance, but advised that Tesoro would need to' file an administrative complaint and the Court would need to stay the case and continue the trial date to allow time for administrative proceedings. The Court thanks the CPUC for its offer and respects its need for time to address the issue. However, as no party has requested a stay or continuance, the Court proceeds to resolve the Motion. For the reasons discussed below, the Court holds that the limitation of liability…