Allco Renewable Energy Ltd. v. Massachusetts Electric Co.

235 F. Supp. 3d 320, 2017 WL 343899, 2017 U.S. Dist. LEXIS 11868

• Court: District Court, D. Massachusetts
• Decided: January 23, 2017
• Docket: Civil Action No. 15-13515-PBS
• Status: Published

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.