Vistra Corp. v. Public Utilities Regulatory Authority — concurring in part and dissenting in part

Summary

This separate opinion would affirm the dismissal of the plaintiffs’ declaratory judgment claim for lack of subject matter jurisdiction. It reasons that the requested relief concerned only the interpretation of a negotiated settlement agreement, not the applicability or construction of a statute within the agency’s jurisdiction. The opinion therefore concludes that the statutory declaratory judgment mechanism was unavailable, while acknowledging that the majority reached a different conclusion regarding jurisdiction.