Imperial Irrigation District v. California Independent System Operator Corp.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS (Doc. No. 16)

Presently before the Court is Defendant California Independent System Operator Corporation’s (“CAISO”) motion to dismiss Plaintiff Imperial Irrigation District’s (“HD”) complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. No. 16.) IID opposes the motion. (Doc. No. 18.) The Court finds the matter suitable for decision on the papers, without oral argument, pursuant to Local Civil Rule 7.1. The Court GRANTS IN PART AND DENIES IN PART CAI-SO’s motion.

Background

This dispute centers on nondiscriminatory access to California’s electric transmission grid. To fully understand the issues underlying the instant motion, some background concerning the electric power transmission industry must be laid.

Up until the late 20th Century, electricity was largely a matter of local concern, with local generating facilities serving their respective geographic regions. The utility companies that owned' and • controlled these facilities were predominately vertically integrated, in that they sold generation, transmission, and…