BOARD OF PUBLIC WORKS, CITY OF BLUE EARTH v. Wisconsin Power and Light Co.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief Judge.

I. INTRODUCTION

This matter is before the Court on Defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Claim upon which Relief Can Be Granted. [Docket No. 20] The Court heard oral argument on April 2, 2009.

II. BACKGROUND

A. Factual Background

According to the Complaint:

Plaintiff Board of Public Works, City of Blue Earth, Minnesota, (“Blue Earth”) operates a municipally-owned electric utility. (Compl. ¶ 3.) It purchases nearly all of the electricity that it resells and delivers to its customers from…