Private Defendants’ Reply in Support of Motion to Dismiss (Jan. State Defendants’ Reply in Support of Motion to Dismiss (Jan. Plaintiffs’ Opposition to State Defendants’ Motion to Dismiss (Dec. Plaintiffs’ Opposition to Private Defendants Motions to Dismiss (Dec. State Defendants’ Memo in Support of Motion to Dismiss (Nov. 24, 2015) (denied by the court because it was filed prematurely)ĭeepwater Wind Motion to Dismiss (Oct. Plaintiffs’ Motion for Summary Judgment (Sep. Plaintiffs highlight that the statute requires the PUC to consider the project’s economic development benefits, and argue that such benefits are not a legitimate local purpose that justify discrimination under dormant Commerce Clause case law. They also claim that PUC’s approval of the contract “violates PURPA because it accords Deepwater Wind the benefits accorded by PURPA to a small power production facility without requiring that Deepwater Wind satisfy the statutory and regulatory requirements for such a facility.”īy approving a project located in Rhode Island, plaintiffs further allege that the PUC “discriminate against out-of-state generators in intent and effect” in violation of the dormant Commerce Clause. Plaintiffs allege that the PUC’s order approving the contract between Deepwater Wind and National Grid violates the FPA because it “intrudes on FERC’s exclusive jurisdiction to regulate wholesale transactions.” They further argue that it “erects obstacles” and “interferes” with FERC’s market-based pricing regime. Riggs, joined by another Rhode Island citizen and the Rhode Island Manufacturers Association, filed substantially similar claims in federal district court in Rhode Island. In each case, FERC declined to initiate an enforcement action. Deepwater Wind and National Grid submitted an amended contract, which the PUC subsequently approved.īenjamin Riggs, a Rhode Island citizen, filed two complaints against the PUC with FERC, arguing that the PUC’s approval is preempted by the FPA and PURPA and violates the dormant Commerce Clause. Following the PUC’s rejection of the contract, the General Assembly amended the statute, changing the factors that the PUC must consider in its evaluation. The Rhode Island PUC rejected the contract, finding it was not “commercially reasonable,” a factor that the statute required it to consider. Six months later, Deepwater Wind, a project developer, and National Grid entered into a power purchase agreement. ” This provision promoted the development of an offshore wind project. In 2009, the Rhode Island General Assembly passed a statute that required National Grid, the state’s only electric distribution company, to solicit proposals for a project that “enhance the electric reliability and environmental quality of the Town of New Shoreham. Recent Developments: Court grantedmotion to dismiss in July 2016. In Re: Review of Amended Power Purchase Agreement between Narragensett Electric Company d/b/a National Grid and Deepwater Wind, R.I.P.U.C. Rhode Island Public Utility Commission, federal district courtĬommerce Clause and Separation of Powers Challenge to Contract for Wind Energy Who has this information on hand each time? I have to open my bills each time to get this information! Why bother? Who knows this on a whim? This is my most disliked app on my phone.Commerce Clause and Supremacy Clause Challenge to Contract for Wind Energy It should be easy to switch between gas/electric bills since they are both national grid but I have to log out and log in with the different account numbers each time. I do not have a choice but to use this app unless I want to waste more time on the phone. It does NOT make your life easier like apps should to pay bills. It’s just as a whole VERY frustrating to use this app. Face recognition option would be nice so I don’t have to remember a password each time when things aren’t working. I appreciate the security to get to my account but no one is going to pay my bills but me. I created a profile to save my card information but logging in and paying a bill takes just as long as if I called in. Then suddenly one of them kept giving me an error so I switched to the app thinking it’d be easier than calling and having to give my card info over the phone each month. I was given emailed bills for gas/electric each month which I could very easily pay through.
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