Imperial, California - Imperial Irrigation District issued the following statement regarding Judge Anthony J. Battaglia’s order granting in part and denying in part the motion by the California Independent System Operator Corporation, to dismiss the antitrust complaint filed by the district on July 16, 2015.
“While our legal team is still reviewing the order in its entirety, we are pleased to learn that the Court rejected CAISO’s principal argument that the antitrust claims belong before the Federal Energy Regulatory Commission and not the U.S. District Court. We are, however, disappointed that Judge Battaglia found the current pleading does not yet adequately spell out why CAISO’s conduct as a monopolist was “exclusionary” within the meaning of federal antitrust law,” said IID General Counsel Ross Simmons.
In his order, Judge Battaglia determined that the dismissal is without prejudice to IID, meaning that the district may file an amended complaint to address those issues that he found deficient. “The IID Board of Directors will ultimately decide what the district’s next course of action will be and it will do so expeditiously,” added Simmons.
For more information or to view a copy of IID’s lawsuit and Judge Battaglia’s order, please visit www.iid.com/CAISOAction.