City of Owensboro, Kentucky et al v. Kentucky Utilities Company
| City of Owensboro, Kentucky and City Utility Commission of the City of Owensboro, Kentucky |
| Kentucky Utilities Company |
| Kentucky Utilities Company |
| City Utility Commission of the City of Owensboro, Kentucky and City of Owensboro, Kentucky |
| 4:2004cv00087 |
| June 25, 2004 |
| US District Court for the Western District of Kentucky |
| Owensboro Office |
| Daviess |
| E. Robert Goebel |
| Joseph H. McKinley |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
537
MEMORANDUM OPINION AND ORDER denying 526 and 527 Motion to Alter or Amend; finding as moot 528 Motion to Stay. Signed by Judge Joseph H. McKinley, Jr on 4/13/09. cc:counsel (JBM)
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Filing
524
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr on 2/19/2009; KU is entitled to a refund in the amount of $5,142,394 for the State-Allocated NOx Allowances. Judgment will be entered in favor of KU and against the Plaintiffs in the amount of $5,142,394 together with prejudgment interest at 8 percent from the date each payment was made by KU until the date of entry of this judgment, and post-judgment interest on the entire amount of the judgment, including interest, at the rate prescribed by 28 U.S.C. 1961 from the date of judgment until paid in full. cc: Counsel (CDF)
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Filing
460
MEMORANDUM OPINION & ORDER by Judge Joseph H. McKinley, Jr on 10/16/08; IT IS HEREBY ORDERED that the motions by Defendant, Kentucky Utilities Company, for summary judgment on OMUs request that the Court substitute a proxy pricing provision for the p ricing provision in the contract 313 ; on OMUs claim that back-up energy must be billed to reflect available generation 325 ; and on OMUs claims relating to the inclusion of non-energy components of MISO Day Two Charges 318 are granted; KUs motio n on OMUs claim related to the CPNode and Make Whole Payments issues is reserved pending further briefing. IT IS FURTHER ORDERED that the motion by the Plaintiffs, City of Owensboro and Owensboro Municipal Utilities, for partial summary judgment on Kentucky Utilitys counterclaim regarding the operation and maintenance of the Elmer Smith Generating Station 322 is denied. cc:counsel (JBM)
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Filing
458
MEMORANDUM OPINION AND ORDER: denying 318 Motion by KU for summary judgment with respect to the CPNode issue and the Make Whole Payment issue; granting 449 Motion for Leave to file a surreply. Signed by Judge Joseph H. McKinley, Jr on 10/15/08. cc:counsel (KJS)
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Filing
454
MEMORANDUM OPINION AND ORDER by Judge Joseph H. McKinley, Jr. on 10/14/2008 granting in part and denying in part 413 Motion in Limine by OMU to exclude any KU unit outage or standard of care evidence beyond what is specifically discussed in Shepard 's reports; granting in part and denying in part 412 Motion in Limine by OMU to exclude any KU testimony that the Elmer Smith Generating Plant should have met certain equivalent forced outage rating statitstics; and granting 432 433 OMU's Motions for Leave to file a reply. cc: Counsel (CDF)
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Filing
443
MEMORANDUM OPINION AND ORDER granting 411 OMU's Motion in Limine to preclude KU from offering into evidence, replying upon, or providing testimony relating to the redacted plant documents. Signed by Judge Joseph H. McKinley, Jr on 10/8/08. cc:counsel (JBM)
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Filing
400
MEMORANDUM OPINION AND ORDER granting 279 Motion for Partial Summary Judgment on the interpretation of the Facilities Charge Fund Provision of the Contract; granting 296 Motion for Partial Summary Judgment on the interpretation of the Green River Clause; denying 298 Motion for Hearing on the Green River Clause issue; granting 310 Motion for Partial Summary Judgment on the NOx Emission Allowance Issue; finding as moot 314 Motion to Exclude the testimony and report of KU's expert, M r. Thomas Hewson; denying 315 Motion for Partial Summary Judgment on the interpretation of the Green River Clause; denying 316 Motion for Partial Summary Judgment on the NOx Emission Allowance Issue. Signed by Judge Joseph H. McKinley, Jr on 9/4/08. cc:counsel (JBM)
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