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Circuit Court rules utility contract falls in state jurisdiction

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A dispute between a power generator and an electricity wholesaler should be heard in the state court, the 7th Circuit Court of Appeals ruled after finding the central issues did not arise under federal law.

The appeal involves two Indiana organizations and the issue of whether a claim for breach of a long-term requirements contract for wholesale electricity is governed by federal law or state law.

Since entering into a contract in 1977, Northeastern has purchased electricity from Wabash Valley. Under terms of a contract, Northeastern agreed to pay for the electricity at rates set by the Wabash Valley board of directors, subject to approval from what is now the Indiana Utility Regulatory Commission.  

When Wabash Valley took action in 2004 to transfer regulation of its rates from the IURC to the Federal Energy Regulatory Commission, Northeastern filed suit in Indiana state court seeking a declaration judgment that Wabash materially breached the original contract.

Wabash Valley removed the case to federal court on the theory that the claim for breach of contract necessarily arises under the Federal Power Act. Subsequently, the district court granted Wabash Valley’s motion for a preliminary injunction, agreeing that federal jurisdiction exists because Northeastern’s suit raises a question of federal law.

In Northeastern Rural Electric Membership Corp. v. Wabash Valley Power Association, Inc., 12-2037, the Circuit court found the dispute to be a question of state law. It vacated the preliminary junction granted by the U.S. District Court for the Southern District of Indiana and remanded the case so the District court may remand it to state court.

The Circuit court found Wabash Valley’s alleged breach took place before the filing of a federal tariff which means the complaint is not a federal question.

“For Northeastern to obtain its requested declaratory judgment it must show only that it has a valid contract and that Wabash Valley’s submission to the regulatory jurisdiction of FERC breached on the contract,” wrote Judge David Hamilton.. “Federal law is not at issue in either of these questions. The duty Northeastern claims Wabash Valley breached was not created by federal law or a filed tariff. And Northeastern does not seek to directly alter any duty or liability created by a filed tariff.”

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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