In Re: Electric Refund Cases

SETTLED

Trial
11/01/10 – 11/08/10

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Play button overlay 45f08f27c7337d189e8c31e635b5d0a0781b273131135cd77ee8b6f12366e7a2

Summary

In this Energy industry government contracts litigation proceeding, plaintiff California Edison Company and other defendants alleged Arizona Electric Power Cooperative Inc of illegally charging high rates during the 2000-2001 California Energy Crisis and sought to recover the excessive rates charged.
In 1996, California deregulated its power markets and created the California Power Exchange Corporation (CalPX). CalPX auctions resulted in a single market clearing price that applied to all sellers and buyers. However, sellers learned that the energy markets could be manipulated by withholding power -- for example, by unnecessarily shutting down power plants to create an illusion of scarcity -- and then demanding extremely high prices.

From May 2000 to June 2001, the unjust and unreasonable rates were passed through to the public utilities, which were statutorily forced to buy power through CalPX. In April, 2007, the utilities sued various governmental entities for breach of contract and unjust enrichment to recover the amounts received by the governmental entities for wholesale power in excess of the lawful rates.

The case was dismissed on procedural grounds in 2008, but the dismissal was reversed in 2010.

The plaintiff was represented by attorneys Laurie Edelstein and Lawrence Riff. The defendant in this case, Arizona Electric Power Cooperative was represented by attorney Jon Stickman, Sean Neal and Robert Bruning.

Outcome

Settled

Sessions

AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
NOV
3
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
NOV
4
AM Session
Not in Session
0 Chapters
PM Session
Not in Session
0 Chapters
NOV
5
AM Session
Other
2 Chapters
NOV
8

Recording Disclaimer: This proceeding was recorded in full except noted sections that were not recorded.

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