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PACIFIC GAS AND ELECTRIC COMPANY v. U.S.

Case No. 07-157C, No. 07-167C.

PACIFIC GAS AND ELECTRIC COMPANY, AND SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiffs, v. THE UNITED STATES, Defendant.

United States Court of Federal Claims.

April 2, 2013.

Attorney(s) appearing for the Case

Marie L. Fiala , Sidley Austin L.L.P, San Francisco, CA, for Plaintiff, Pacific Gas & Electric Company. Jane I. Ryan , Steptoe & Johnson L.L.P., Washington, D.C., for Plaintiff, Southern California Edison Company. Mark Fogelman , Friedman Dumas & Springwater L.L.P., San Francisco, CA, for Plaintiff, San Diego Gas & Electric Company. Gary Alexander , Deputy Attorney General, for Plaintiff The People, Office of the Attorney General, San Francisco, CA.

Timothy P. McIlmail , Senior Litigation Counsel, with whom were Stuart F. Delery , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, Martin F. Hockey, Jr. , Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, D.C., for Defendant.

OPINION AND ORDER

LOREN A. SMITH, Senior Judge.

Plaintiffs brought this action to determine whether the Defendant is contractually bound to retain no more than the just and reasonable prices the Federal Energy Regulatory Commission (FERC) set for electric power sales by Bonneville Power Administration (BPA) and Western Area Power Administration (WAPA) during the California Energy Crisis. The requested refunds fall into three categories...

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