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ALLCO RENEWABLE ENERGY LTD. v. MA ELEC. CO.

No. 17-1296.

875 F.3d 64 (2017)

ALLCO RENEWABLE ENERGY LIMITED, Plaintiff, Appellant, v. MASSACHUSETTS ELECTRIC COMPANY, agent of National Grid; Angela M. O'Connor, individually and in her official capacity as Chairperson of the DPU; Jolette A. Westbrook, individually and in her official capacity as Commissioner of the DPU; Robert Hayden, individually and in his official capacity as Commissioner of the DPU; Judith Judson, individually and in her official capacity as Commissioner of the MDER, Defendants, Appellees.

United States Court of Appeals, First Circuit.

November 13, 2017.

Attorney(s) appearing for the Case

Eric L. Christensen , with whom Cairncross & Hempelmann, P.S., Seattle, WA, Thomas Melone , and Allco Renewable Energy Limited were on brief, for appellant.

Michael Kunselman , with whom Alston & Bird LLP, Washington, DC, Anthony J. Marchetta , and Day Pitney LLP, Parsippany, NJ, were on brief, for appellee Massachusetts Electric Company d/b/a National Grid.

Timothy J. Casey , Assistant Attorney General, Government Bureau, with whom Maura Healey , Attorney General of Massachusetts, was on brief, for state appellees O'Connor, Westbrook, Hayden, and Judson.

Before Torruella, Thompson, and Barron, Circuit Judges.

This case arises from the efforts of Allco Renewable Energy Limited ("Allco") to enforce section 210 of the Public Utility Regulatory Policies Act ("PURPA"), 16 U.S.C. § 824a-3, against Massachusetts Electric Company d/b/a National Grid ("National Grid"). The district court dismissed Allco's claim against National...

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