NORTHWEST REQUIREMENTS UTILITIES v. F.E.R.C.

Nos. 13-70391, 13-70499, 13-70581, 13-72928.

798 F.3d 796 (2015)

NORTHWEST REQUIREMENTS UTILITIES; Public Power Council; The City of Seattle, Petitioners, Powerex Corporation; Sacramento Municipal Utility District; Turlock Irrigation District; Avista Corporation; Cannon Power Corporation, Caithness Shepherds Flat, LLC; E. On Climate & Renewables North America LLC; Eurus Combine Hills II LLC; Iberdrola Renewables, LLC; M-S-R Public Power Agency; Northwest Utilities; Puget Sound Energy, Inc.; PacifiCorp; Portland General Electric Company; Public Utility District No. 1 of Snohomish County, Washington; PPL Montana, LLC; Charles Pace, Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. National Rural Electric Cooperative Association; Pacific Northwest Generating Cooperative; American Public Power Association, Petitioners, Caithness Shepherds Flat, LLC; Cannon Power Corporation; E. On Climate & Renewables North America LLC; Eurus Combine Hills II LLC; Iberdrola Renewables, LLC; M-S-R Public Power Agency; Northwest Utilities; Puget Sound Energy, Inc.; PacifiCorp; Powerex Corporation; Sacramento Municipal Utility District; Turlock Irrigation District; PPL Montana, LLC; Public Utility District No. 1 of Snohomish County, Washington; Charles Pace, Intervenors, v. Federal Energy Regulatory Commission, Respondent. Public Utility District No. 1 of Snohomish County, Washington, Petitioner, Caithness Shepherds Flat, LLC; Cannon Power Corporation; E. On Climate & Renewables North America LLC; Eurus Combine Hills II LLC; Iberdrola Renewables, LLC; M-S-R Public Power Agency; Northwest Utilities; Puget Sound Energy, Inc.; PacifiCorp; Powerex Corporation; Sacramento Municipal Utility District; PPL Montana, LLC; Charles PACE, Intervenors, v. Federal Energy Regulatory Commission, Respondent. Northwest Requirements Utilities; Public Power Council; The City of Seattle; Public Utility District No. 1 of Snohomish County, Washington; National Rural Electric Cooperative Association; Pacific Northwest Generating Cooperative; American Public Power Association, Petitioners, EDP Renewables North America LLC; Industrial Customers of Northwest Utilities; M-S-R Public Power Agency; Northwest and Intermountain Power Producers Coalition; Puget Sound Energy, Inc; Portland General Electric Company; Powerex Corporation; Sacramento Municipal Utility District; Transalta Energy Marketing (U.S.), INC., Intervenors, v. Federal Energy Regulatory Commission, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2015.


Attorney(s) appearing for the Case

Zabyn Towner , Portland, OR, for Petitioner Pacific Northwest Generating Cooperative.

Betsy Bridge (argued), Portland, OR, for Petitioner Northwest Requirements Utilities.

Irene A. Scruggs , Portland, OR, for Petitioner Public Power Council.

Thomas L. Blackburn and Peter K. Matt , Schiff Hardin LLP, Washington, D.C., for Petitioners National Rural Electric Cooperative Association and American Public Power Association.

Sarah Dennison-Leonard , Portland, OR, for Petitioner The City of Seattle.

Giuseppe Fina , Assistant General Counsel, and Anne L. Spangler , General Counsel, Everett, WA, for Petitioner Public Utility District No. 1 of Snohomish County, Washington.

David L. Morenoff , Acting General Counsel, Robert H. Solomon , Solicitor, and Beth G. Pacella (argued), Senior Attorney, Washington, D.C., for Respondent Federal Energy Regulatory Commission.

Michael G. Andrea , Spokane, WA, for Intervenor Avista Corporation.

Scott G. Seidman , Tonkon Torp, LLP, Portland, OR, for Intervenor Portland General Electric Company.

Donald G. Kari and Jason T. Kuzma , Perkins Coie LLP, Bellevue, WA, for Intervenor Puget Sound Energy, Inc.

Paul L. Gale (argued), Troutman Sanders LLP, Irvine, CA; Lara L. Skidmore , Troutman Sanders LLP, Portland, OR, for Respondent-Intervenor Iberdrola Renewables, LLC.

Stephen C. Hall , Troutman Sanders LLP, Portland, OR, for Respondent-Intervenor Cannon Power Group, LLC.

Kari L. Vander Stoep and Andrew B. Young , K & L Gates LLP, Seattle, WA, for Respondents-Intervenors Northwest and Intermountain Power Producers Coalition and TransAlta Energy Marketing (U.S.), Inc.

Thomas J. McCormack , Chadbourne & Parke LLP, New York, New York, for Respondent-Intervenor Eurus Combine Hills II LLC.

John A. Cameron , Davis Wright Tremaine LLP, Portland, OR, for Respondent-Intervenor Caithness Shepherds Flat, LLC.

Jay T. Waldron and Sara Kobak , Schwabe, Williamson & Wyatt, PC, Portland, OR; Jeffrey B. Erb , PacifiCorp, Portland, OR, for Respondent-Intervenor PacifiCorp.

Before: WILLIAM A. FLETCHER and ANDREW D. HURWITZ, Circuit Judges and DONALD E. WALTER, Senior District Judge.


OPINION

These are consolidated petitions for review of orders by the Federal Energy Regulatory Commission ("FERC") that require the Bonneville Power Administration — a federal agency that both markets electricity and operates a large portion of the transmission grid in the Pacific Northwest — to provide...

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