District Court, District of Columbia July 21, 2004, CIV.A.97-2213 EGS (CONSOLIDATED EDISON CO. OF NEW YORK, INC. v. Pena)

MEMORANDUM OPINION

SULLIVAN, District Judge.

I. Introduction

On March 31, 1999, this Court granted defendants’ Motion to Dismiss plaintiffs complaint, finding that plaintiffs lacked standing to challenge a Department of En

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ergy (“DOE”) award to a third-party from a statutorily-established common fund.

See Consolidated Edison Co. v. Peña,

Civ. Action No. 97-2213, at 10 (D.D.C. Mar. 31, 1999).