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OVERTON POWER DIST. NO. 5 v. O'LEARY

No. 93-17233.

73 F.3d 253 (1996)

OVERTON POWER DISTRICT NO. 5, Valley Electric Association, Inc., Plaintiffs-Appellants, v. Hazel R. O'LEARY, William H. White, Christine Ervin, Federal Energy Regulatory Commission, Defendants-Appellees, Arizona Power Authority, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred February 15, 1995.

Resubmitted December 11, 1995.

Decided January 4, 1996.

Attorney(s) appearing for the Case

James T. McManus and Arnold B. Podgorsky, Wright & Talisman, Washington, DC, for plaintiffs-appellants.

Frank W. Hunger, Assistant Attorney General, and Dennis D. Linder, Robert B. Greenspan and C. Max Vassanelli, Department of Justice, Washington, DC, for defendants-appellees.

Donald R. Allen, Duncan & Allen, Washington, DC, for amicus curiae Colorado River Energy Distributors Association.

Bryant C. Danner and Christa Piantadosi, Rosemead, California, for amicus curiae Southern California Edison Company.

Northcutt Ely, Redlands, California, for amici curiae Los Angeles Department of Water and Power and Southern California Edison Company.

James P. Bartlett, Phoenix, Arizona, and Michael McCarty, Brickfield, Burchette & Ritts, Washington, DC, for defendant-intervenor-appellee.

Before: REINHARDT, THOMPSON and KLEINFELD, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Overton Power District No. 5 and Valley Electric Association (collectively "Overton/Valley"), two Nevada power suppliers, challenge the rate charged for power generated at Hoover Dam. The district court granted summary judgment rejecting most of Overton/Valley's claims. Overton Power Dist No. 5 v. Watkins, 829 F.Supp. 1523 (D.Nev.1993). Because we conclude Overton/Valley lack standing,...

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