Wheelabrator Lisbon, Inc. v. Connecticut Department of Public Utility Control

Plaintiff Wheelabrator Lisbon, Inc. challenges a decision of defendant State of Connecticut Department of Public Utility Control (“DPUC”) 2 concerning an Electricity Purchase Agreement (“Agreement”) for the sale of wholesale electricity between Wheelabrator 3 and intervenor Connecticut Light and Power Company (“CL & P”). The principal dispute concerns the ownership of the renewable energy attributes of the energy conveyed in the Agreement. Wheelabrator argues that a 2004 decision of the DPUC modified the terms of the Agreement and thereby imposed utility-type regulation in conflict with…