On the last day for motions before trial, State District Court Judge David Berchelmann denied NINA and NRG Energy’s last attempts to delay the trial set for Monday.

NINA is a limited liability company comprised of NRG Energy, a New Jersey-based electricity wholesaler, and Toshiba. CPS Energy and NINA are co-owners in the nuclear expansion project in Matagorda County, Texas, known as STP 3 and 4.

The trial is to define the rights and obligations of the co-owners in the project.

“We continue to get this case ready for trial,” said CPS Energy spokesperson Theresa Brown Cortez, “and although NRG Energy has provided a series of unnecessary distractions and motions, we are ready to present our case and hope for a swift resolution.” 

Meanwhile executives and legal staff from both CPS Energy and NINA continue to meet today in hopes of reaching a business solution before Monday’s trial date.

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.