9th Circ. Will Take On FERC-Bankruptcy Court Tussle

By Keith Goldberg (September 18, 2019, 11:56 AM EDT) -- The Ninth Circuit on Tuesday said it will directly review a California bankruptcy judge's ruling that the Federal Energy Regulatory Commission has no say over whether Pacific Gas and Electric Co. can ditch power purchase agreements in Chapter 11 and put the case on the fast track.

U.S. Bankruptcy Judge Dennis Montali had certified for direct appeal his June ruling that smacked down FERC's claim of concurrent jurisdiction over any PPAs that PG&E sought to reject in bankruptcy. FERC and a group of companies with PG&E PPAs petitioned the appeals court to authorize it, and PG&E lodged a July brief in...

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