DESTEC ENERGY, INC. v. SOUTHERN CALIFORNIA GAS CO.

No. CIV. A. H-95-1639.

5 F.Supp.2d 433 (1998)

DESTEC ENERGY, INC.; Destec Holdings, Inc.; McKittrick Limited; McKittrick Power Associates, L.P., Plaintiffs, v. SOUTHERN CALIFORNIA GAS COMPANY, Defendant.

United States District Court, S.D. Texas, Houston Division.

Opinion Denying Reconsideration February 2, 1998.


Attorney(s) appearing for the Case

David J Beck, Beck Redden and Secrest, Houston, TX, for Destec Energy Inc, Destec Holdings Inc, McKittrick Limited, McKittrick Power Associates L P, CC Cogen Inc, Galloway Power Corporation, McKittrick Power Generation I Inc, Chalf Cliff Limited, Chalk Cliff Cogen Inc, Dominion Cogen CA Inc.

David T Harvin, Vinson & Elkins, Houston, TX, for Southern California Gas Co.

Mark Fogelman, San Francisco, CA, for Public Utilities Com.

Sylvia M Goodrich, Liddell Sapp Zivley et al, Houston, TX, for Tannehill Electric Company Inc.


MEMORANDUM, OPINION, AND ORDER

ROSENTHAL, District Judge.

In this antitrust case, plaintiffs, who own and operate cogeneration facilities in Kern County, California, challenge the inclusion of transport-or-pay clauses in two long-term natural gas transportation contracts with the defendant utility company. The California Public Utility Commission approved both contracts in 1988; the contracts expire in the year 2012. Plaintiffs assert that by refusing to...

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