CP NAT. CORP. v. JURA

Nos. 85-7536, 85-7542.

876 F.2d 745 (1989)

CP NATIONAL CORPORATION, a California corporation; the Montana Power Co., a Montana corporation; Pacific Power & Light Co., a Maine corporation; Portland General Electric Co., an Oregon corporation; Puget Sound Power & Light Co., a Washington corporation; and the Washington Water Power Co., a Washington corporation, Petitioners, v. James JURA, Administrator of the Bonneville Power Administration, Department of Energy; and the Federal Energy Regulatory Commission, Respondents, and Direct Service Industrial Customers, Intervenors. PUBLIC GENERATING POOL, Petitioner, v. James JURA, as Administrator of the Bonneville Power Administration, Department of Energy; John Herrington, as Secretary of the Department of Energy, Respondents, and Direct Services Industrial Customers, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided May 25, 1989.


Attorney(s) appearing for the Case

John Daniel Ballbach, Perkins Coie, Seattle, Wash., for petitioner Puget Sound Power & Light Co.

Alan S. Larsen, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for petitioner Public Generating Pool.

Kurt R. Casad, Sp. Asst. U.S. Atty., Portland, Or., for respondent Bonneville Power Admin.

Paul M. Murphy, Heller, Ehrman, White & McAuliffe, Portland, Or., for intervenor Direct Services Admin.

Before SCHROEDER, ALARCON and NORRIS, Circuit Judges.


SCHROEDER, Circuit Judge:

This is a petition to review rate schedules enacted by the Bonneville Power Administration in 1983. Petitioner Puget Sound Power and Light Company is an investor-owned utility serving retail customers in Washington, and petitioner Public Generating Pool is a group of nine publicly-owned utilities serving customers in Washington and Oregon. In this proceeding they challenge the "availability charge" contained in the 1983 Priority Firm Power...

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