After more than a dozen motions filed against CPS Energy by NRG Energy since Dec. 30, Bexar County District Judge Larry Noll, today, denied NRG Energy’s motion for summary judgment. 

The judge specifically rejected NRG’s contention, that if CPS Energy were to withdraw from the STP expansion it would forfeit its entire interest in the project. Today's ruling confirms CPS Energy’s position and clears the way for CPS Energy to present its case. 

“We are pleased with the ruling, as NRG has tried every maneuver to get this case out of court,” said Carolyn Shellman, Executive Vice President and General Counsel for CPS Energy.  “The judge has asked us to continue to negotiate, and we continue to make ourselves available to that, and have for several weeks now. However, we are prepared for the opportunity to go to trial to completely explain our case,” said Shellman.

Background:

On Dec. 6, CPS Energy filed a petition in Bexar County district court to clarify the roles and obligations of CPS Energy and NINA, to define the rights of both parties should either decide to withdraw from the project.

NRG Energy escalated the litigation when it sued CPS Energy and claimed the utility should forfeit more than $370 million invested to date and lose all value in the project’s land and water rights. CPS Energy amended its petition Dec. 23 and raised significant issues concerning misconduct by NRG Energy and NINA. The utility specified actual and exemplary damages of $32 billion.