PUBLIC POWER COUNCIL v. JOHNSON

No. 81-7806.

674 F.2d 791 (1982)

PUBLIC POWER COUNCIL; City of Seattle, City Light Department; Central Lincoln Peoples' Utility District; City of Eugene, by the Eugene Water & Electric Board; City of Tacoma, Department of Public Utilities; Clatskanie Peoples' Utility District; Public Utility District No. 1 of Chelan County; Public Utility District No. 1 of Snohomish County, Petitioners, and Pacific Power & Light Company, Portland General Electric Company, Puget Sound Power & Light Company, the Washington Water Power Company, Idaho Power Company, the Montana Power Company, Utah Power & Light Company, CP National Corporation, and the Columbia River Peoples' Utility District, Petitioner-Intervenors, v. Peter JOHNSON, as Administrator of the Bonneville Power Administration, Department of Energy, and James Edwards, as Secretary of the Department of Energy, and the United States of America, Respondents, and Aluminum Company of America, the Anaconda Company, Crown Zellerbach Corporation, Elkem Metals Company, Georgia-Pacific Corporation, Hanna Nickel Smelting Company, Intalco Aluminum and Chemical Corporation, Kaiser Aluminum and Chemical Corporation, Kennecott Corporation, Martin Marietta Aluminum, Inc., Oregon Metallurgical Corporation, Pacific Carbide & Alloys Company, Pennwalt Corporation, Reynolds Metals Company, and Stauffer Chemical Company, Respondent-Intervenors.

United States Court of Appeals, Ninth Circuit.

April 13, 1982.


KENNEDY, Circuit Judge:

The Bonneville Power Administration (BPA) has moved to quash certain subpoenas issued for depositions and other discovery materials. Petitioners seek the discovery in their action brought directly in this court to challenge certain actions of the BPA. It is necessary to expedite consideration of the underlying case on the merits and to rule immediately upon the question whether petitioners are entitled to discovery. We heard argument on the...

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