Winding Creek Solar LLC v. California Public Utilities Commission

ORDER GRANTING MOTION TO DISMISS WITH LEAVE TO AMEND

RICHARD SEEBORG, United States District Judge

I. INTRODUCTION

Winding Creek Solar LLC (“Winding Creek”) is the owner and developer of a planned solar project in Lodi, California. In anticipation of construction,1 Winding Creek sought declaratory and injunctive relief against the California Public Utilities Commission (“CPUC”), claiming that the agency’s policies governing the wholesale price of energy purchased from small facilities like that planned by Winding Creek violates the federal Public Utilities Regulatory Policies Act of 1978 and are…