Quote:
Originally Posted by monkeyman
I don't think it matters, it's really just semantics. It was an understanding between two parties in which billions of dollars changed hands.
Also, wouldn't it be worse for the government if the utilities companies didn't know. since they're alleging what took place is illegal, wouldn't it be better if the utility companies were complicit with the illegal act? I mean if your going to sue them over it...
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Firstly, even if you want to view PPAs as an agreement or contract between two parties (which I think is flawed), then you at least have to view them as agreements between the buyer and the Utilities Commission (which determined the terms), not the government.
Also, it's worth noting that this is an application for judicial review. It's not a statement of claim. No one is being sued (per se). The government is challenging the decision of the Utilities Commission. It's not challenging the conduct or actions of the buyers (although no doubt their interests are directly affected by the outcome).