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Before Lynch, Circuit Judge, Tashima, *fn1 Senior Circuit Judge, and Lipez, Circuit Judge.

This case was brought by the owner of a small renewable hydroelectricity producing company, Alden Greenwood, who in 2006 sued the New Hampshire Public Utilities Commission (“PUC”) over an order the PUC had issued more than seventeen years earlier in May of 1988 (and declined to reconsider in later orders). The PUC said it issued the order under section 210 of the Public Utility Regulatory Policies Act (“PURPA” or “the Act”) of 1978, 16 U.S.C. § 824a-3. The 1988 order rescinded the final ten years of a thirty-year (1985-2015) rate schedule which the PUC had earlier approved in an order it issued in 1985.

The district court in 2007 enjoined the PUC from enforcing its 1988 order, in effect reinstating the final ten years of the original rate schedule, which had approved terms favorable to Greenwood in its contract with the Public Service Company of New Hampshire. Greenwood v. N.H. Pub. Utils. Comm’n, No. 06-cv-270, 2007 WL 2108950 (D.N.H. July 19, 2007). The underlying amount involved is at least $4.3 million.

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