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PPL ENERGYPLUS, LLC v. HANNA

Civil Action No. 11-745.

977 F.Supp.2d 372 (2013)

PPL ENERGYPLUS, LLC, et al., Plaintiffs, v. Robert M. HANNA, in his official capacity as President of the New Jersey Board of Public Utilities, et al., Defendants.

United States District Court, D. New Jersey.

October 11, 2013.

Attorney(s) appearing for the Case

David John Fioccola , Morrison & Foerster LLP, New York, NY, Lawrence S. Lustberg , Robert C. Brady , William P. Deni, Jr. , Gibbons, PC, Philip Joseph Passanante , Pepco Holdings, Inc., Newark, NJ, for Plaintiffs.

Alex Moreau , Brian O. Lipman , Office of the NJ Attorney General, Jennifer S. Hsia , Brian Weeks , New Jersey Office of the Attorney General, Newark, NJ, Richard Francis Engel , Department of Law & Public Safety Division of Law, Lisa J. Morelli , State of New Jersey, Trenton, NJ, Brian J. Molloy , Wilentz Goldman & Spitzer, PA, Woodbridge, NJ, Stephen R. Kern , McNees Wallace & Nurick LLC, Harrisburg, PA, Sean J. Kirby , Sheppard Mullin Richter & Hampton LLP, New York, NY, Arleigh P. Heifer , Schnader Harrison Segal & Lewis LLP, Philadelphia, PA, David R. King , Herrick, Feinstein LLP, Princeton, NJ, Richard P. Maggi , McDermott & McGee, Esqs., Millburn, NJ, Dwayne Franklin Stanley , Husch Blackwell, LLP, St. Louis, MO, for Defendants.

MEMORANDUM

SHERIDAN, District Judge.

This non-jury case was tried before the Court over thirteen separate days in April and May, 2013. After trial, the parties submitted proposed findings of fact and conclusions of law as well as briefs, and thereafter, summations were heard. The Court, having considered the parties' submissions and having deliberated over the facts and the law, submits this memorandum as its decision.

In broad terms, the issue before...

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