Justia Utilities Law Opinion Summaries

American Heritage Apartments, Inc., a customer of the Hamilton County Water and Wastewater Treatment Authority (County Authority), filed suit both individually and as a class representative asserting that the County Authority exceeded its statutory authority by imposing a monthly charge on its customers. The County Authority sought dismissal of the lawsuit for failure to exhaust administrative remedies, arguing that a customer who seeks to dispute the rates charged must first follow the administrative procedures provided in the Utility District Law of 1937 (UDL). The trial court agreed and dismissed the lawsuit. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part, holding (1) the administrative procedures in Part 4 of the UDL do not apply to a rate challenge filed by an individual customer against a water and wastewater treatment authority, and therefore, the trial court erred in dismissing the lawsuit for failure to exhaust administrative remedies; and (2) the trial court’s alternative ruling on class certification is vacated, and that issue is remanded to the trial court for reconsideration. View "Am. Heritage Apartments, Inc. v. Hamilton County Water & Wastewater Treatment Auth." on Justia Law

American Heritage Apartments, Inc., a customer of the Hamilton County Water and Wastewater Treatment Authority (County Authority), filed suit both individually and as a class representative asserting that the County Authority exceeded its statutory authority by imposing a monthly charge on its customers. The County Authority sought dismissal of the lawsuit for failure to exhaust administrative remedies, arguing that a customer who seeks to dispute the rates charged must first follow the administrative procedures provided in the Utility District Law of 1937 (UDL). The trial court agreed and dismissed the lawsuit. The court of appeals reversed. The Supreme Court affirmed in part and reversed in part, holding (1) the administrative procedures in Part 4 of the UDL do not apply to a rate challenge filed by an individual customer against a water and wastewater treatment authority, and therefore, the trial court erred in dismissing the lawsuit for failure to exhaust administrative remedies; and (2) the trial court’s alternative ruling on class certification is vacated, and that issue is remanded to the trial court for reconsideration. View "Am. Heritage Apartments, Inc. v. Hamilton County Water & Wastewater Treatment Auth." on Justia Law

MISO, a regional association, monitors and manages the electricity transmission grid in several midwestern and southern states, plus Manitoba, Canada, balancing the load, setting competitive prices for transmission services, and planning and supervising expansion of the system. Until 2011, if MISO decided that another transmission facility was needed in the region, the MISO member that served the area in which the facility would be built had the right of first refusal to build it, pursuant to the contract among the MISO members. Federal Energy Regulatory Commission (FERC) Order No. 1000 required transmission providers to participate in regional transmission planning to identify worthwhile projects, and to allocate the costs of the projects to the parts of the region that would benefit the most from the projects. To facilitate its implementation, the order directed providers “to remove provisions from [FERC] jurisdictional tariffs and agreements that grant incumbent transmission providers a federal right of first refusal to construct transmission facilities selected in a regional transmission plan for purposes of cost allocation.” FERC believed that competition would result in lower rates to consumers of electricity. The Seventh Circuit denied petitions for review of the order. The electric companies did not show that the right of first refusal was in the public interest View "MISO Transmission Owners v. Fed. Energy Regulatory Comm'n" on Justia Law

The Nuclear Waste Policy Act of 1982 authorized the Department of Energy (DOE) to contract with power utilities for a planned national nuclear waste disposal system, 42 U.S.C. 10222. Utilities were to pay into a Nuclear Waste Fund; the government was to dispose of their spent nuclear fuel beginning by January 31, 1998.. Under the Standard Contract, utilities must provide “preparation, packaging, required inspections, and loading activities necessary for the transportation … to the DOE facility.” DOE is responsible for “arrang[ing] for, and provid[ing], a cask(s) and all necessary transportation … to the DOE facility.” In 1983, System Fuels entered Standard Contracts concerning the Grand Gulf and Arkansas Nuclear One power stations. The government has yet to begin accepting spent nuclear fuel. System Fuels obtained damages for costs incurred through August 31, 2005 (Grand) and June 30, 2006 (Arkansas), including costs to construct Independent Spent Fuel Storage Installations (ISFSIs) and later successfully sought damages for continued breach. The Claims Court denied costs incurred to load spent fuel into storage casks at the ISFSIs by first loading it into canisters, then loading those canisters into dry fuel storage casks and welding the casks closed. The Federal Circuit reversed, noting that under the Standard Contracts, DOE cannot accept any of the canistered fuel as is, so System Fuels will incur costs to unload the casks and canisters and to reload fuel into transportation casks if and when DOE performs. View "System Fuels, Inc. v. United States" on Justia Law

The Nuclear Waste Policy Act of 1982 authorized the Department of Energy (DOE) to contract with power utilities for a planned national nuclear waste disposal system, 42 U.S.C. 10222. Utilities were to pay into a Nuclear Waste Fund; the government was to dispose of their spent nuclear fuel beginning by January 31, 1998.. Under the Standard Contract, utilities must provide “preparation, packaging, required inspections, and loading activities necessary for the transportation … to the DOE facility.” DOE is responsible for “arrang[ing] for, and provid[ing], a cask(s) and all necessary transportation … to the DOE facility.” In 1983, System Fuels entered Standard Contracts concerning the Grand Gulf and Arkansas Nuclear One power stations. The government has yet to begin accepting spent nuclear fuel. System Fuels obtained damages for costs incurred through August 31, 2005 (Grand) and June 30, 2006 (Arkansas), including costs to construct Independent Spent Fuel Storage Installations (ISFSIs) and later successfully sought damages for continued breach. The Claims Court denied costs incurred to load spent fuel into storage casks at the ISFSIs by first loading it into canisters, then loading those canisters into dry fuel storage casks and welding the casks closed. The Federal Circuit reversed, noting that under the Standard Contracts, DOE cannot accept any of the canistered fuel as is, so System Fuels will incur costs to unload the casks and canisters and to reload fuel into transportation casks if and when DOE performs. View "System Fuels, Inc. v. United States" on Justia Law

In 2013, the Kanis and Denny Roads Suburban Water Improvement District No. 349 of Pulaski County (the District) reassessed Southwest Power Pool, Inc.’s (SPP) commercial facility, an improvement on its property that is connected to the City of Little Rock’s waterworks system, which resulted in an annual levy of $60,653. The District’s board of equalization confirmed the reassessment. SPP then filed a complaint in circuit court, arguing that the reassessment was wrong as a matter of law and of fact. The circuit court largely granted the District’s motion for summary judgment, and, following a bench trial on the issue of the sufficiency of the 2013 notice of reassessment, the circuit court granted final judgment in favor of the District. The Supreme Court reversed, holding that SPP’s facility cannot be assessed, and accordingly, the 2013 reassessment, and the subsequent reassessments, are invalid. View "Sw. Power Pool Inc. v. Kanis & Denny Roads Suburban Water Improvement Dist. No. 34" on Justia Law

Capital Electric Cooperative, Inc. appealed a judgment affirming a Public Service Commission order granting Montana-Dakota Utilities Company ("MDU") a certificate of public convenience and necessity to extend its electric service in Burleigh County. Because the Commission's order was in accordance with the law, its findings of fact were supported by a preponderance of the evidence and sufficiently addressed the evidence presented, and those findings supported the conclusions of law, the North Dakota Supreme Court affirmed the judgment. View "Capital Electric Cooperative, Inc. v. N.D. Public Service Commission" on Justia Law

Maryland Underground Damage Prevention Authority cited Reliable Contracting Company for violating Md. Code Ann. Pub. Util. Cos. 12-101, under which advance notice must be given to the one-call system of certain types of excavation, and imposed a civil monetary penalty. Reliable Contracting petitioned for judicial review, asserting that the Authority’s enabling statute conferred judicial power on a non-judicial body in violation of separation of powers principles. Reliable Contracting also contended that the statute failed to provide adequate guidance to the Authority for the assessment of such penalties. The circuit court upheld the constitutionality of the statute. The Court of Special Appeals affirmed. The Court of Appeals vacated the judgment of the Court of Special Appeals and remanded, holding (1) the Authority is an administrative agency in the executive branch of State government that exercises quasi-judicial powers subject to judicial review, and therefore, its enabling law is not contrary to the State Constitution’s Judicial Vesting Clause or Separation of Powers Clause; and (2) because the Authority is an administrative agency, Md. Code Ann. State Gov't 10-1001 provides guidelines for the exercise of its discretion in assessing civil penalties. View "Reliable Contracting Co. v. Underground Facilities Damage Prevention Auth." on Justia Law

Maryland Underground Damage Prevention Authority cited Reliable Contracting Company for violating Md. Code Ann. Pub. Util. Cos. 12-101, under which advance notice must be given to the one-call system of certain types of excavation, and imposed a civil monetary penalty. Reliable Contracting petitioned for judicial review, asserting that the Authority’s enabling statute conferred judicial power on a non-judicial body in violation of separation of powers principles. Reliable Contracting also contended that the statute failed to provide adequate guidance to the Authority for the assessment of such penalties. The circuit court upheld the constitutionality of the statute. The Court of Special Appeals affirmed. The Court of Appeals vacated the judgment of the Court of Special Appeals and remanded, holding (1) the Authority is an administrative agency in the executive branch of State government that exercises quasi-judicial powers subject to judicial review, and therefore, its enabling law is not contrary to the State Constitution’s Judicial Vesting Clause or Separation of Powers Clause; and (2) because the Authority is an administrative agency, Md. Code Ann. State Gov't 10-1001 provides guidelines for the exercise of its discretion in assessing civil penalties. View "Reliable Contracting Co. v. Underground Facilities Damage Prevention Auth." on Justia Law

This is the third appeal from the City of Gulfport’s taking of the Dedeaux Utility Company via eminent domain. Dedeaux appealed after the first two trials, and the Mississippi Supreme Court reversed and remanded both times. The parties have since held a third trial, and Gulfport appealed and Dedeaux cross-appealed issues raised from the third trial. Gulfport raised thirteen issues on appeal. And while the Court gave careful consideration to each, the Court found only five warranted discussion, and yet none warranted reversal of the third trial's final judgment. Gulfport asked the trial judge to “determine a fair and equitable interest rate to be paid on the Final Judgment based upon the rates paid on invested funds during the time period in which the eminent domain action was pending.” The Supreme Court reversed the trial judge’s post-trial order denying Gulfport’s motion to establish the interest rate, and remanded this action to the Harrison County Special Court of Eminent Domain for the limited purpose of determining the applicable interest rate and entering an order requiring payment of that interest. The Court declined to address Dedeaux’s cross-appeal. View "City of Gulfport v. Dedeaux Utility Company, Inc." on Justia Law