Potomac Electric Power Co. v. Panda Brandywine, L.P.

MEMORANDUM OPINION

SMALKIN, District Judge.

Claiming in its first amended complaint that it is invoking both the federal question and the diversity jurisdiction of this Court to seek a declaratory judgment and money damages, the plaintiff, which is a major electric generating and distribution utility, asks relief against the defendant, which is a cogeneration facility certified under the Public Utility Regulatory Policies Act of 1978 (PURPA). The plaintiff claims that, contrary to the terms of the regulations issued under PURPA governing certification of Qualifying Cogeneration Facilities and…