Another volley in IID lawsuit



SAN DIEGO — The behemoth target of the Imperial Irrigation District’s federal anti-trust lawsuit isn’t going away easily.

Even though U.S. District Court Judge Anthony Battaglia ruled on Aug. 1 that the IID action against the California Independent System Operator could proceed to trial, it now seems certain CAISO will ask the judge to reconsider that decision.

On Aug. 30 the judge’s office made an electronic filing with the district court clerk “to set a briefing schedule for ex parte motion for reconsideration of dismissal of IID’s remaining claims,” a court clerk officials said, reading from the case file.

Ex parte is defined as an action for a single party in a lawsuit.

The action is the latest in back-and-forth volleys worthy of a U.S. Open tennis final.

IID filed the original lawsuit on July 16, 2015, alleging CAISO improperly impeded IID’s ability to move electric power from Imperial Valley’s burgeoning renewable energy industry to other areas of California.

Battaglia dismissed part of the suit in November at CAISO’s request. IID refiled an amended action in January and CAISO followed with another dismissal request.

At a June 23 hearing IID’s legal team argued in favor of its amended complaint and CAISO lawyers sought dismissal. Battaglia announced his ruling in IID’s favor several weeks later. No trial date was set.

The lawsuit is not IID’s only battle with CAISO, California largest operator of electric power lines.

A new dimension was added to the dispute in July when the IID Board of Directors voted to oppose CAISO’s attempt to become a multi-state entity. The IID position was bolstered in early August when Gov. Jerry Brown put a hold on CAISO’s so-called “regionalization” plan.

The district also recently filed a state Superior Court action seeking to force CAISO to disclose more of the research used in its studies of electric-power issues.