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Judge dismisses $4.1 billion lawsuit by PG&E
SJ Mercury News ^ | 1/9/03 | AP - Sacramento

Posted on 01/09/2003 6:06:02 PM PST by NormsRevenge

Edited on 04/13/2004 3:30:08 AM PDT by Jim Robinson. [history]

SACRAMENTO (AP) - A Pacific Gas and Electric Co. lawsuit against the state seeking $4.1 billion for breach of contract was dismissed by a Sacramento Superior Court judge Thursday.

The utility had claimed the state owed it for money lost when it couldn't sell its power plants, or sell the energy produced in them, at market rates as promised under a 1996 deregulation law.


(Excerpt) Read more at bayarea.com ...


TOPICS: Business/Economy; Front Page News; Government; Politics/Elections; US: California
KEYWORDS: calpowercrisis; dismissed; lawsuit; pge; pumpngougeem

1 posted on 01/09/2003 6:06:02 PM PST by NormsRevenge
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2 posted on 01/09/2003 6:07:00 PM PST by Anti-Bubba182
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3 posted on 01/09/2003 6:07:15 PM PST by Bob J
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To: NormsRevenge; Ernest_at_the_Beach
...the deregulation law wasn't a contract...

I'm choking on that one. May I use the same arguement when I refuse to pay my taxes?

4 posted on 01/09/2003 6:25:00 PM PST by snopercod
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To: NormsRevenge
All your power are belong to Davis.
5 posted on 01/09/2003 6:31:32 PM PST by Drango (Don't need no stinkin' tag line)
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To: snopercod
The tyranny of the state of california. The state of california bankrupted PG&E!
6 posted on 01/09/2003 6:43:48 PM PST by desertcry
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To: desertcry; *calpowercrisis; randita; SierraWasp; Carry_Okie; okie01; socal_parrot; snopercod; ...
The state of california bankrupted PG&E!

Many of us believe that was the intent!

Calpowercrisis:

To find all articles tagged or indexed using Calpowercrisis, click below:
  click here >>> Calpowercrisis <<< click here  
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7 posted on 01/09/2003 6:48:55 PM PST by Ernest_at_the_Beach
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To: NormsRevenge
That's only the opinion of some Gray Davis Superior Court flunky. Let's see what the feds had to say about the matter. Can the State vitiate the power to contact? Time will tell.
8 posted on 01/09/2003 7:08:23 PM PST by SamKeck
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To: Ernest_at_the_Beach
Many of us believe that was the intent! I don't think it is no longer a belief, It's a fact. In the old days, davis and his gang would have been strung up high for what they did to the people of California and the state economy. But the la times and the liberals in California saved their dirty hides.
9 posted on 01/09/2003 7:18:07 PM PST by desertcry
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To: Ernest_at_the_Beach; snopercod; Grampa Dave; Carry_Okie; Robert357; dalereed; forester; steelie; ...
"Judge Joe S. Gray said the deregulation law wasn't a contract, so the claim should be dismissed."

Hey Judge Joe... NOBODY LIKES A RENEGGER!!!

See people... Have any of you, like I have, listened to liberal lemmings talk in glowing terms of a "PUBLIC/PRIVATE PARTNERSHIP?" Oh... I see, that's only for government resource agencies and non-profit conservation (read landgrabbing) corporations.

They were behind this effort to break private sector utilities to snatch up their landholdings so they could develop them instead!!!

10 posted on 01/09/2003 7:28:16 PM PST by SierraWasp (says: CA IS BEING GOVERNED BY A <b>GRAND LARCENIST!!!</b>)
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To: Dog Gone
Judge Joe S. Gray said the deregulation law wasn't a contract, so the claim should be dismissed.

OK DG, now on this legal theory I am totally lost...

11 posted on 01/09/2003 8:13:40 PM PST by Carry_Okie (With friends like these, who needs friends?)
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To: SierraWasp; snopercod
What do you bet that SCE tries to buy up what's left of PG&E?
12 posted on 01/09/2003 8:14:44 PM PST by Carry_Okie (With friends like these, who needs friends?)
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To: Carry_Okie
"What do you bet that SCE tries to buy up what's left of PG&E?"

I couln't bring myself to bet against it. What made you think of such a disasterous thing to contemplate?

By the way, which of your friends is that tag line aimed at?

13 posted on 01/09/2003 8:29:50 PM PST by SierraWasp (says: CA IS BEING GOVERNED BY A <b>GRAND LARCENIST!!!</b>)
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To: SierraWasp
By the way, which of your friends is that tag line aimed at?

LoL! RINOs, Europeons, conservatives who think that by voting Republican they can go back to what they were doing...

It's been a depressing evening.

14 posted on 01/09/2003 10:06:28 PM PST by Carry_Okie (With friends like these, who needs friends?)
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To: Carry_Okie
I'm afraid the Judge is right on this one. The "deregulation" law wasn't a contract, and you can't bring a claim based on contract law when that legal theory doesn't apply.

In invested in a real estate tax shelter in 1984. Congress changed the tax laws a couple of years later which destroyed all the tax benefit, and left me locked into a lousy investment. I couldn't sue the IRS or Congress for breach of contract. We had no contract, and there's no guarantee that laws, regulations, or government decisions won't change.

There's not the slightest doubt that California hosed PG&E. And perhaps they can come up with another legal theory to recover damages. A possibility might be that the state acted outside of its legal authority in this matter, or that their actions amounted to a taking of property without due process.

But you have to pick the right legal theory to pursue a claim, and the judge was right to toss this one out.

15 posted on 01/10/2003 5:58:20 AM PST by Dog Gone
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