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ALLCO RENEWABLE ENERGY LIMITED, Plaintiff, v. MASSACHUSETTS ELECTRIC COMPANY d/b/a National Grid; Angela OConnor, Jolette Westbrook and Robert Hayden, in their official capacities as Commissioners of the Massachusetts Department of Public Utilities; and Judith Judson, in her official capacity as Commissioner of the Massachusetts Department of Energy Resources, Defendants

United States District Court for the District of Massachusetts2017-01-23No. Civil Action No. 15-13515-PBS
235 F. Supp. 3d 320

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Opinion

majority opinion

ORDER

Saris, Chief Judge.

Aleo’s motion for reconsideration of the Court’s order on summary judgment (Docket No. 78) is DENIED. Section 210(g)(2) of PURPA lays out the enforcement process by “[a]ny person” against an electric utility to “enforce any requirement” established by a state regulatory authority, 16 U.S.C. § 824a-3(g)(2). There is no federal statutory provision providing a private cause of action for damages against the utility independent of the PURPA enforcement scheme. Section 210(h)(1) applies only to Commission enforcement. Id. § 824a-3(h)(1).

Parties shall file proposed form of judgment by 2/6/2017.