PUBLIC UT. COM'R OF OR. v. BONNEVILLE POWER ADMINISTRATION

Nos. 84-3722, 84-7185.

767 F.2d 622 (1985)

PUBLIC UTILITY COMMISSIONER OF OREGON, Pacific Power & Light Company, Portland General Electric Company, and CP National Corporation, Petitioners-Appellants, v. BONNEVILLE POWER ADMINISTRATION, and Peter T. Johnson, Administrator, Bonneville Power Administration, Respondents-Appellees, and Aluminum Company of America, et al., Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1985.

As Amended September 5, 1985.


Attorney(s) appearing for the Case

Marcus Wood, Guy A. Randles, Pamela J. Jacklin, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., Paul A. Graham, Asst. Atty. Gen., Salem, Or., Alvin Alexanderson, Portland General Electric Co., Portland, Or., for petitioners-appellants.

Charles H. Turner, U.S. Atty., Jack G. Collins, Thomas C. Lee, David J. Adler, John A. Cameron, Jr., Portland, Or., M. Laurence Popofsky, Peter A. Wald, Dian M. Grueneich, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for respondents-appellees.

Before KENNEDY, ALARCON, and FERGUSON, Circuit Judges.


KENNEDY, Circuit Judge:

The principal issue in these consolidated cases is whether, under the judicial review provisions of the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. § 839, et seq. (1982) (the Act), jurisdiction of suits which challenge ongoing agency proceedings on constitutional grounds is solely in the district court, concurrently in the district court and the court of appeals, or exclusively in the court of appeals...

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