Commonwealth Edison Co. v. United States

OPINION

ALLEGRA, Judge:

This case is before the court on plaintiffs motion to stay the proceedings and defendant’s motion to dismiss under RCFC *3212(b)(4). Plaintiffs complaint alleges that a special assessment imposed by the Energy Policy Act of 1992, 42 U.S.C. § 2297g et seq., is unlawful as either effectuating a taking or an illegal exaction. After careful consideration of the briefs filed by the parties, the oral argument, and for the reasons discussed below, the court DENIES plaintiffs motion to stay these proceedings and GRANTS defendant’s motion to dismiss.

VI. Facts

Plaintiff, Commonwealth…