Pacific Gas & Electric Co. v. United States

OPINION AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

WHEELER, Judge.

In this breach of contract action, the Court is faced with a threshold question of whether a binding contract exists for the services rendered. Plaintiff Pacific Gas and Electric Company (“PG & E”) asserts that, after the Federal Energy Regulatory Commission (“FERC”), approved a Grid Management Pass Through Tariff (the “Tariff”), the Tariff became a binding contract between PG & E and the Western Area Power Administration (“Western”), an agency within the United States Department of Energy. In the alternative, PG & E…