Opinion
CV-16-114-H-SEH
06-10-2021
PACIFIC NORTHWEST SOLAR, LLC, Plaintiff, v. NORTHWESTERN CORPORATION, A DELAWARE CORPORATION DBA NORTHWESTERN ENERGY, Defendant.
ORDER
SAM E. HADDON, UNITED STATES DISTRICT JUDGE
A Joint Motion for Adjudication of Liability Issues by Court was fled on June 4, 2021. A status confrence on the record directed to the motion was held on June 9, 2021.
Doc. 339.
Upon the record made in open court, ORDERED:
1. The Joint Motion fr Adjudication of Liability Issues by Court is GRANTED to the extent stated in this Order.
Doc. 339.
2. On or before June 25, 2021, the parties shall file simultaneous briefs directed to any remaining liability issues warranting pretrial issue or resolution, including:
See Doc. 314 at 10-13.
a. Whether defenses of impossibility of performance and force majeure, or either, are available to excuse Northwestern Corporation ("NWE") from performance of the Power Purchase Agreements ("PPAs").
b. Whether the four PPAs are enforceable contracts; and c. Whether NWE can be held as a matter of law to have breached the PPA's by failure or refusal to perform if the Court determines defenses to liability as asserted by NWE in the Final Pretrial Orderare unavailable.
Doc. 314.
3. Response briefs shall be filed on or before July 9, 2021.
4. Optional reply briefs may be filed on or before July 16, 2021.
5. The parties are invited to consider and address whether and to what extent issues in this case are implicated or affected by: (1) Northern Indiana Public Service Company v. Carbon County Coal Company; (2) MTSUN v. Montana Department of Public Service Regulation; and (3) VoteSolar v. Montana Department of Public Service Regulation
7 99F.2d265(7thCir. 1986).
472 P.3d 1154 (Mont. 2020).
473 P.3d 963 (Mont. 2020).
6. Upon completion of briefing as ordered, a hearing will be set by further order of Court, if necessary and appropriate, to address liability issues.