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10-cv-388 GRI Wisconsin, Inc., v. Reedsburg Utility Commission

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2010//

10-cv-388 GRI Wisconsin, Inc., v. Reedsburg Utility Commission

By: WISCONSIN LAW JOURNAL STAFF//November 16, 2010//

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Bankruptcy
Administrative priority; electricity

Electricity is a good for which the provider is entitled to claim administrative priority for the electricity it provided during the 20-day period before the bankruptcy petition was filed.

“I agree with those courts concluding that electricity is movable, tangible and consumable, that it has physical properties, that it is bought and sold in the marketplace and thus, that it qualifies as a good for purposes of the UCC and the Bankruptcy Code. As noted by the bankruptcy court below, electricity begins flowing through power lines when a circuit is formed and continues moving at least until it is metered. The metering satisfies the identification requirement of the UCC and the movement is sufficient to satisfy the movability requirement, even if it reaches the speed of light. Pacific Gas & Electric, 271 B.R. at 640 (electricity is ‘good’ because it can be moved through power lines and identified through meters); see also Helvey v. Wabash County REMC, 278 N.E.2d 608, 610 (Ind. App. 1972) (analogizing electricity to natural gas and finding that electricity satisfies movability and identifiability requirements of UCC as it moves into meter).”

10-cv-388 GRI Wisconsin, Inc., v. Reedsburg Utility Commission

W.D.Wis., Crabb, J.

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