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SOUTHERN CALIFORNIA EDISON COMPANY v LORETTA M LYNCH Click to find out why . . .



Keywords & Phrases
CaseNo: SCECVLML270489, CourtName: THE COURT HAS JURISDICTION OF THIS ACTION PURSUANT TO 28 U.S.C. 1331, 1337 AND, Plaintiff: SOUTHERN CALIFORNIA EDISON COMPANY, State: CA California, UniqueCaseRef: LCD>SCECVLML270489, California, Sce, Clause, Public Utilities, United States Constitution, Commerce Clause, Power Exchange, Electricity, Costs, Wholesale, Retail Rates, Independent System, Takings Clause, Transmission, Sbn, Cpuc, Southern California, California Edison Company, Independent System Operator, Transition Revenue Account, Rate Freeze Period, Southern California Edison, Commissioners, Ferc, Interstate Commerce, Undercollected Balance, Electric Power, Rate Freeze, Olson Llp , ContentID: 120250211

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 124083
12 pages
PDF
Total Documents: 1 document , 12 pages
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1 . COMPLAINT

EXTRACTED KEY WORDS
LAW
SCE
CLAUSE
PUBLIC UTILITIES
UNITED STATES CONSTITUTION
COMMERCE CLAUSE
POWER EXCHANGE
ELECTRICITY
COSTS
WHOLESALE
RETAIL RATES
INDEPENDENT SYSTEM
TAKINGS CLAUSE
TRANSMISSION
SBN
CPUC
SOUTHERN CALIFORNIA
CALIFORNIA EDISON COMPANY
INDEPENDENT SYSTEM OPERATOR
TRANSITION REVENUE ACCOUNT
RATE FREEZE PERIOD
SOUTHERN CALIFORNIA EDISON
COMMISSIONERS
FERC
INTERSTATE COMMERCE
UNDERCOLLECTED BALANCE
ELECTRIC POWER
RATE FREEZE
OLSON LLP
 1    RONALD L. OLSON (SBN 44597)
      JOHN W. SPIEGEL (SBN 78935)
 2    HENRY WEISSMANN (SBN 132418)
      KELLY M. KLAUS (SBN 161091)
 3    MUNGER, TOLLES & OLSON LLP
      355 South Grand Avenue, Suite 3500
 4    Los Angeles, CA  90071-1560
      Telephone:           (213) 683-9100
 5    Facsimile:           (213) 687-3702
      Attorneys for Plaintiff
 6    Southern California Edison Company
 7    STEPHEN E. PICKETT (SBN 97807)
      BARBARA REEVES (SBN 58100)
 8    LAW DEPARTMENT
      SOUTHERN CALIFORNIA EDISON
 9        COMPANY
      Post Office Box 800
10    2244 Walnut Grove Avenue
      Rosemead, California  91770
11    Telephone:     (626) 302-6960
      Facsimile:      (626) 302-1910
12    Attorneys for Plaintiff
      Southern California Edison Company
13
14                                           UNITED STATES DISTRICT COURT
                                            CENTRAL DISTRICT OF CALIFORNIA
15
16    SOUTHERN CALIFORNIA EDISON                                      CASE NO.
      COMPANY,
17                                                                    COMPLAINT FOR INJUNCTIVE
                              Plaintiff,                              AND DECLARATORY RELIEF
18                  vs.
19    LORETTA M. LYNCH, HENRY M. DUQUE,
      JOSIAH L. NEEPER, RICHARD A. BILAS,  and
20    CARL W. WOOD, in their official capacities as
      Commissioners of the California Public Utilities
21    Commission,
                              Defendants.
22

23                  Plaintiff SOUTHERN CALIFORNIA EDISON COMPANY ("SCE") alleges:
24                  1.     The Court has jurisdiction of this action pursuant to 28 U.S.C. §§ 1331,
25    1343.  The action arises under the Constitution and laws of the United States, including the
26    Clause of the United States Constitution (Art. VI, cl. 2); the Commerce Clause of the United
27    Constitution (Art. I, § 8, cl. 3); the Takings Clause of the United States Constitution
28
      [688165.1]


SNIPPETS:
  • RONALD L. OLSON (SBN 44597) JOHN W. SPIEGEL
  • LAW DEPARTMENT SOUTHERN CALIFORNIA EDISON
  • Southern California Edison Company
  • 26 Clause of the United States Constitution (Art.
  • SCE has no plain, speedy, adequate or efficient remedy at law or in the courts of the State
  • electricity on behalf of its approximately 4.3 million retail customers in Southern
  • SCE's cost of purchasing electricity at wholesale has unexpectedly skyrocketed.
  • incurred these costs pursuant to tariffs filed with and approved by the Federal Energy
  • As a result, since June 2000, SCE has paid out $1.2 billion more to 10 purchase wholesale
  • 11 State, acting through the California Public Utilities Commission, has refused either to
  • and Carl W. Wood are Commissioners of the CPUC.
  • 14 transmission, and distribution of electricity to retail customers, as well as other
  • AB 1890 provides that the rate freeze shall end on the date
  • To that end, AB 1890 established the Power Exchange, which conducts
  • 23 Independent System Operator also engages in the procurement of electricity.
  • CPUC and FERC orders require SCE to accept the Independent System Operator's allocated
  • jurisdiction to regulate the wholesale sale of electricity and its transmission in interstate
  • the Transition Revenue Account records Power Exchange and Independent System Operator
  • retails rates after the end of the rate freeze period mandated by AB 1890.
  • 16 in retail rates any undercollected balance in its Transition Revenue Account and instead
  • Congress has occupied the field of regulation of wholesale sales of electric power at
  • Revenue Account facially violates the Takings Clause because it fails to ensure that retail
  • 23 state law that violate the Commerce Clause.
  • November 13, 2000 MUNGER, TOLLES & OLSON LLP
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