CONSOLIDATED EDISON CO. OF NEW YORK, INC. v. Pena

MEMORANDUM OPINION

SULLIVAN, District Judge.

I. Introduction

On March 31, 1999, this Court granted defendants’ Motion to Dismiss plaintiffs complaint, finding that plaintiffs lacked standing to challenge a Department of En ergy (“DOE”) award to a third-party from a statutorily-established common fund. See Consolidated Edison Co. v. Peña, Civ. Action No. 97-2213, at 10 (D.D.C. Mar. 31, 1999). On appeal, the Federal Circuit reversed, holding that the answer to the question “to what is the claimant entitled under the law?” was of “direct and immediate concern to all other claimants in the fund,”…