ALLCO v. Klee, No. 15-20 (2d Cir. 2015)Annotate this Case
Plaintiff filed suit against the Commissioner, alleging that the Commissioner's actions, which were taken pursuant to section 6 of Connecticut Public Act 13‐303 and include his awarding two power purchase agreements to Intervenors, are preempted by the Federal Power Act (FPA), 16 U.S.C. 791-828, and the Public Utility Regulatory Policies Act (PURPA), 16 U.S.C. 824a-3. The court held that plaintiff cannot bring claims under 42 U.S.C. 1983 and 1988 to vindicate any rights conferred by PURPA because PURPA’s private right of action forecloses these remedies; plaintiff failed to exhaust its administrative remedies, a prerequisite for any qualified facility to bring an equitable action seeking to vindicate specific rights conferred by PURPA; and plaintiff lacks standing to bring a preemption action seeking solely to void the contracts awarded to Intervenors Fusion Solar and Number Nine. Accordingly, the court affirmed the district court's dismissal of the complaint on alternative grounds.
The court issued a subsequent related opinion or order on December 1, 2015.