CPS Energy received word late Tuesday that NRG Energy has filed another motion to attempt to delay the scheduled court date of Jan. 25.

“This motion surprised us today, since all parties agreed to and signed the scheduling order back on January 5,” said CPS Energy General Counsel Carolyn Shellman. “It appears that NRG is trying anything they can to stay out of court. Let’s hope that means they are more willing to reach an agreement outside of court.”

Today’s motion comes on the heels of CPS Energy’s successful efforts yesterday in defeating a contrived procedural attempt  to further delay the trial set to begin on Jan. 25 by moving the case to federal court.

Also in court today, the judge blocked the newly-formed Ratepayers Coalition from intervening in the case.

“We and the Ratepayers Coalition both have the interests of our customers at heart, however, we don’t want this matter complicated by more legal efforts,” said CPS Energy spokesperson Theresa Brown Cortez.

Today’s motion by NRG Energy will be considered tomorrow morning; in the meantime, CPS Energy will continue to not only prepare for court but continue talks with its co-owner in the nuclear expansion project known as STP 3 and 4.