Michigan South Central Power Agency v. Constellation Energy Commodities Group, Inc.

OPINION

ROBERT HOLMES BELL, Chief District Judge.

Plaintiff Michigan South Central Power Agency (“MSCPA”) sues Defendant Constellation Energy Commodities Group, Inc. (“CCG”) f/k/a Constellation Power Source, Inc., alleging two breaches of contract: (1) failure to indemnify MSCPA for certain charges, and (2) failure to make physical delivery free and clear of all charges incurred prior to delivery. CCG has filed a motion to dismiss the complaint for lack of jurisdiction (Docket # 3), on the grounds that MSCPA’s contract claims are preempted by the Federal Power Act (“FPA”), 16 U.S.C. §§ 791 et…