Legal Opinion

PG&E Corp. v. Fed. Energy Regulatory Comm'n (In re PG&E Corp.)

United States Bankruptcy Court, N.D. California

Decided June 7, 2019No. Bankruptcy Case No. BR 19-30088-DM (Lead Case) (Jointly Administered); Adv. Proc. No. 19-03003Published

1Opinion of the Court

DENNIS MONTALI, U.S. Bankruptcy Judge

I. INTRODUCTION

In its May 1, 2019, Order Denying Rehearing ("the FERC Denial", the Federal Energy Regulatory Commission ("FERC") made two remarkable statements. First, it said:

"Wholesale power contracts are not simple run-of-the-mill contracts between two private parties, rather, these contracts, while privately negotiated, implicate the public's interest in the orderly production of plentiful supplies of electricity at just and reasonable rates ...."

NextEra Energy, Inc. v. Pac. Gas and Elec. Co., 167 FERC ¶ 61,096 (2019) at Para 13.

Second, it stated:

"To…

2Cases cited36 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. City of Los Angeles v. LyonsSupreme Court of the United States · 1983
  3. MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
  4. National Labor Relations Board v. Bildisco & BildiscoSupreme Court of the United States · 1984
  5. In Re Robert Gruntz, Debtor. Robert Gruntz v. Opinion County of Los Angeles Los Angeles District AttorneyCourt of Appeals for the Ninth Circuit · 2000

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