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LSP TRANSMISSION HOLDINGS, LLC v. LANGE

Civil No. 17-4490 (DWF/HB).

329 F.Supp.3d 695 (2018)

LSP TRANSMISSION HOLDINGS, LLC, Plaintiff, v. Nancy LANGE, Commissioner and Chair, Minnesota Public Utilities Commission; Dan Lipschultz, Commissioner, Minnesota Public Utilities Commission; Matt Schuerger, Commissioner, Minnesota Public Utilities Commission; John Tuma, Commissioner, Minnesota Public Utilities Commission; Katie Sieben, Commissioner, Minnesota Public Utilities Commission; and Mike Rothman, Commissioner, Minnesota Public Utilities Commission, Minnesota Department of Commerce, each in his or her official capacity, Defendants, and Northern States Power Company d/b/a Xcel Energy, and ITC Midwest, LLC, Intervenor-Defendants.

United States District Court, D. Minnesota.

Filed June 21, 2018.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Charles N. Nauen, Esq., David J. Zoll, Esq., and Rachel Ann Kitze Collins, Esq., Lockridge Grindal Nauen PLLP, counsel for Plaintiff.

Jason Marisam, Solicitor General, Minnesota Attorney General's Office, counsel for State Defendants.

Aaron D. Van Oort, Esq., Lauren W. Linderman, Esq., and Nathaniel J. Zylstra, Esq., Faegre Baker Daniels LLP, counsel for Northern States Power Company d/b/a Xcel Energy.

John Pavelko, Esq., Leah C. Janus, Esq., and Lisa M. Agrimonti, Esq., Fredrikson & Byron, P.A., counsel for ITC Midwest LLC.

B. Andrew Brown, Esq., Dorsey & Whitney LLP; Brian M. Meloy, Esq., and Thomas Carl Burman, Esq., Stinson Leonard Street LLP; David R. Moeller, Esq., Minnesota Power; and Jennifer O. Smestad, Esq., Otter Tail Power Company, counsel for Amicus Utilities.

MEMORANDUM OPINION AND ORDER

INTRODUCTION

This matter involves a Constitutional challenge under the dormant Commerce Clause to Minnesota Statute § 216B.246, which grants incumbent electric utilities a right of first refusal to...

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