Growe v. Bangor Hydro-Electric Co. (In Re Great Northern Paper, Inc.)

ORDER ON MOTION TO WITHDRAW REFERENCE

HORNBY, District Judge.

Bangor Hydro-Electric moves to withdraw reference of an adversary proceeding from the Bankruptcy Court, because the adversary proceeding may entail consideration of the Federal Energy Regulatory Commission’s (“FERC’s”) authority over hydro-electric dam benefits. The statute requires that such a motion be “timely.” 28 U.S.C. § 157(d). I conclude that the motion here is not timely and therefore DENY it.

The statute provides: “The district court shall, on timely motion of a party, .. withdraw a proceeding if the court determines that…