2005

Public Utility District No. 1 of Grays Harbor County, Washington v. Idacorp, Inc., et al. 2005

Currently, we represent Idacorp in an unjust enrichment, rescission or reformation action filed by Grays Harbor PUD seeking retroactive price modifications to power contracts. Our client Idacorp's motion to dismiss was granted in district court and Grays Harbor appealed. In what has become one of the leading cases on market-based rates in the Ninth Circuit, the Court affirmed the district court's dismissal, finding that Grays Harbor's complaint was preempted under the Federal Power Act's grant of exclusive jurisdiction over wholesale power rates to the Federal Energy Regulatory Commission, and was also barred by the filed-rate doctrine. The Case is reported at 379 F.3d 641, 647 (9th Cir., 2004). The sufficiency of Grays Harbor's amended complaint is currently before the District Court.

Wholesale Electricity Antitrust Cases I & II 2005

Currently represent Avista Energy, Inc., Puget Sound Energy, Idacorp Energy, L.P., Tucson Electric Power Company, TransAlta Energy Marketing, Inc., Sierra Pacific Industries, Salt River Project Agricultural Improvement District, Arizona Electric Power Cooperative, Inc., Sacramento Municipal Utility District, Silicon Valley Power (City of Santa Clara), and Northern California Power Agency as cross-defendants in two cross-complaint actions filed by Reliant Energy and Duke Energy in San Diego Superior Court (Judicial Council Coordination Proceeding Nos. 4204 and 4205) against 30 wholesale electricity market participants for indemnity and declaratory relief.

Wah Chang v. Duke Energy Trading and Marketing, L.L.C., et al. 2005

Currently represent TransAlta Energy Marketing (U.S.), Inc., TransAlta Energy Marketing (California), Inc., Idaho Power Company, and Idacorp Energy L.P. in two lawsuits filed by Wah Chang in the United States District Court for the District of Oregon against numerous defendants, alleging violations of federal antitrust laws, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), violations of Oregon antitrust laws, and wrongful interference with contract relating to the energy crisis in California and the Pacific Northwest. These allegations include bid rigging, falsely creating congestion, and misrepresenting the source and destination of energy. After transfer by the JPML, these actions were dismissed based upon exclusive jurisdiction of FERC, the filed rate doctrine and federal preemption.

City of Tacoma v. TransAlta Energy Marketing (US) Inc., et al. 2005

Currently represent Idacorp Energy, LP, Idaho Power Co., Tucson Electric Co., and TransAlta Energy Marketing (US), Inc. in a lawsuit filed by the City of Tacoma, Washington in the United States District Court, Western District of Washington against numerous defendants, alleging violations of the Sherman Antitrust Act. These allegations are based on claims of energy market manipulation, false load scheduling and bid rigging and misrepresentation or withholding of energy supply. The plaintiff seeks compensatory damages of not less than $175 million. After transfer by the JPML, the action was dismissed based upon the exclusive jurisdiction of FERC and the filed rate doctrine.

Port of Seattle v. TransAlta Corporation, et al. 2005

Currently represent TransAlta Corporation in a lawsuit filed by the Port of Seattle in the United States District Court, Western District of Washington against 17 energy producers or marketers in the United States and abroad, asserting claims under the Sherman Act (federal antitrust law), the federal Racketeer Influenced and Corrupt Organization Act (RICO), as well as Washington state antitrust and fraud claims. After transfer by the JPML, the action was dismissed based upon exclusive preemption and the filed rate doctrine, and the case is currently fully briefed and pending in the Ninth Circuit.

2004

California Attorney General v. Various Electricity Generators 2004

Currently represent Idacorp Energy, L.P., Puget Sound Energy, Tucson Electric Power Company, and TransAlta Energy Marketing, Inc. in separate unfair competition actions filed by the California State Attorney General in San Francisco County Superior Court which have been removed to federal court by successful petition of defendants. The State claimed that rates for wholesale electricity charged by the generators are unjust and unreasonable and that the generators failed properly to file their rates with the FERC. We successfully moved to dismiss for lack of juridiction which was recently affirmed by the Ninth Circuit.

Inverse Condemnation Cases Coordination Proceeding No. 4203 2004

Represented Constellation NewEnergy, Inc., AES Placerita, Avista Energy, Inc., Idaho Power Company, Salt River Project Agricultural, Sierra Pacific Industries, and El Paso Merchant Energy, L.P. in connection with claims by PX Market Participants that the State owes the Participants the fair market value for the block forward energy contracts it commandeered when Edison and PG&E defaulted on their obligations in the various markets managed by the PX.

Uzal, LLC v. Southwest Gas Corporation and Paiute Pipeline Company 2004

Represented Southwest Gas Corporation and Paiute Pipeline Company in defending an action filed by Uzal for alleged breach of lease agreement regarding LNG plant and related gas pipelines.

2003

Idacorp Energy L.P. v. Truckee-Donner Public Utility District 2003

Represented clients in declaratory judgment, breach of oral agreement, reformation, and injunctive relief action filed by Idacorp Energy against Truckee-Donner Public Utility District respecting power supply contract.

State of Nevada, by and through its agency Colorado River Commission of Nevada v. Pioneer Companies, Inc., et al. 2003

Obtained dismissals on Rule 12 (b)(6) motions for clients Avista Energy, Inc. and Idaho Power Company in interpleader action filed by CRCN against 14 wholesale providers of electricity arising out of alleged breaches of retail power contracts by its retail customers.

Idacorp Energy L.P. v. Overton Power District No. 5 2003

Represented Plaintiff Idacorp Energy in declaratory judgment, damages, and injunctive relief action against Overton Power District for improper attempt to renegotiate power supply contract and for failure to pay for electricity delivered under contract.

2002

Idaho Power Company, dba Idacorp Energy Solutions v. Boston Properties, Inc.; Boston Properties Limited Partnership; Pacific Gas and Electric Company 2002

Represented ESP clients in breach of contract, declaratory judgment and unfair business practices action filed by Plaintiff Idacorp Power against Boston Properties for its failure to pay for electricity delivered under power supply contract.

Sierra Pacific Industries v. Pacific Gas and Electric Company; California Independent System Operator 2002

Represented biomass QF in breach of contract action against PG&E, for failure to pay for energy delivered by Plaintiff, and an unfair business practices and antitrust action against PG&E and the CalISO, for their concerted efforts to deny Plaintiff the right to change Scheduling Coordinators and precluding SPI's access to the California energy market.

Avista Energy Inc. v. California Power Exchange Corporation 2002

Represented utility in action against CalPX for breach of PX FERC tariffs and participation agreement regarding chargebacks relating to utility defaults.

Edison Power Producers Litigation 2002

Represented 12 geothermal and cogeneration power generators (QFs") in their effort to collect hundreds of millions of dollars from Southern California Edison for unpaid energy deliveries. We obtained TROs and Preliminary Injunctions against Edison (and PG&E in a related series of cases) permitting our clients to sell into the open market due to Edison's material breaches. On behalf of several clients - which include CalEnergy Company, NP Cogen, Kramer Junction (SEGs), El Paso Merchant Energy, Corona Energy Partners, and IMC Chemicals - we recently obtained conditional settlements with Edison for the payment of 100% of the amounts past due, plus interest. On behalf of IMC Chemicals, we obtained a right to attach order against Edison for some $7.5 million - only 3 other QFs in the State obtained similar relief.

2001

Mervyn's and Dayton-Hudson Corp. v. QST Energy, Inc.; QST Energy, Inc. v. Mervyn's; QST Energy, Inc. v. Target 2001

Represented client in action against ESP for breach of contract arising out of ESP's abandonment of operations in state.