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CENTRAL LINCOLN PEOPLES' UTILITY DIST. v. JOHNSON

No. 81-7561.

673 F.2d 1076 (1982)

CENTRAL LINCOLN PEOPLES' UTILITY DISTRICT, et al., Petitioners, Public Power Council, et al., Petitioner-Intervenors, v. Peter JOHNSON, as Administrator of the Bonneville Power Administration, Department of Energy, et al., Respondents, Aluminum Company of America, et al., Respondent-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided April 6, 1982.

Attorney(s) appearing for the Case

James T. Waldron, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for petitioners.

Jack G. Collins, Portland, Or., Eric Redman, Seattle, Wash., Alvin Alexanderson, Portland, Or., argued for respondents; Peter Johnson, Bonneville Power Adm'r, Portland, Or., James Edwards, Secretary of Energy, Dept. of Energy, Washington, D. C., on brief.

James C. L. Baxendale, Portland, Or., for intervenor Portland Gen. Elec. Co.

William David Sprayberry, Vancouver, Wash., for intervenor Public Power Council.

Barton L. Kline, Boise, Idaho, for intervenor Idaho Power Co.

Robert E. Sullivan, Butte, Mont., for intervenor Montana Power Co.

John Wiley Gould, Portland, Or., for intervenor CP Nat. Corp.

Allan Hart, Portland, Or., for intervenor Staffer Chemical Co. and Elkem Metals Co.

George M. Galloway, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., for intervenor Pacific Power & Light Co.

William S. Weaver, Donald G. Kari, John D. Ballbach, Perkins, Coie, Stone, Alsen & Williams, Seattle, Wash., intervenors for Puget Sound & Power Co.

Before BROWNING, Chief Judge, and WALLACE and BOOCHEVER, Circuit Judges.

OPINION

BOOCHEVER, Circuit Judge:

This case concerns the allocation of power under the newly enacted Pacific Northwest Electric Power Planning and Conservation Act, Pub.L.No.96-501, 94 Stat. 2697 (1980) (the Act). Public utility customers of the Bonneville Power Administration (BPA) contend that the power contracts offered to BPA's industrial customers violate those provisions of the Act that give preference to public utilities in the allocation of power...

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