Exelon Wind 1, LLC et al v. Donna L. Nelson et al
| JD Wind 1, LLC, JD Wind 2, LLC, JD Wind 3, LLC, JD Wind 4, LLC, JD Wind 5, LLC and JD Wind 6, LLC |
| Barry Smitherman, Donna L. Nelson and Kenneth W. Anderson, Jr. |
| 1:2009cv00917 |
| December 18, 2009 |
| US District Court for the Western District of Texas |
| Austin Office |
| Travis |
| Sam Sparks |
| Other Statutory Actions |
| 16 U.S.C. ยง 824 a(3) Cogeneration and Small Power Production Rules |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
113
ORDER GRANTING Plaintiffs' 71 Motion for Summary Judgment; DENYING Occidental's 75 Motion to Compel Discover; DENYING Deft Southwestern's 76 Motion for Summary Judgment; DENYING PUC of Texas' 80 Motion for Summary Judgment; DENYING Occidental's 96 Motion to Strike; DENYING Deft Southwestern's Joint 104 Motion to Compel; DENYING Occidental's 109 Motion for Summary Judgment. IT IS FINALLY ORDERED that Defendants Barry Smitherman, Donna L. Nelson, and Kenneth W. Anderson Jr., and the Public Utility Commission of Texas, are hereby PERMANENTLY ENJOINED from requiring that qualifying facilities provide firm power as a prerequisite to creation of a legally enforceable obligation under PURPA, as described in this order. Signed by Judge Sam Sparks. (klw, )
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Filing
46
ORDER DENYING Defendants' 12 Motion to Dismiss for Lack of Jurisdiction; DENYING Defendants' 19 Motion to Dismiss; DISMISSING without Prejudice to refiling Plaintiffs' 10 Motion for Summary Judgment; DISMISSING without Prejudice to refiling Defendants' 36 Motion to Strike; GRANTING Defendants' 15 Motion to Stay Case. Parties are to submit status reports every ninty (90) days. Signed by Judge Sam Sparks. (klw, )
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