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CENTRAL LINCOLN PEOPLES' UTILITY DIST. v. JOHNSON

Nos. 81-7622, 81-7628, 81-7629, 81-7632, 81-7633, 81-7635 to 81-7637, 82-7710, 83-7016, 83-7514, 83-7520, 83-7522, 83-7523, 83-7528, 83-7530, 83-7532 and 83-7553.

735 F.2d 1101 (1984)

CENTRAL LINCOLN PEOPLES' UTILITY DISTRICT, et al., Petitioners, v. Peter JOHNSON, As Administrator of the Bonneville Power Administration, Department of Energy, James Edwards, as Secretary of the Department of Energy, and the United States of America, et al., Respondents. John J. LOBDELL, Public Utility Commissioner of Oregon, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PACIFIC CARBIDE & ALLOYS CO., Aluminum Company of America, Alumax Pacific Corporation, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. CENTRAL LINCOLN PEOPLES' UTILITY DISTRICT, et al., v. Peter JOHNSON, as Administrator of the Bonneville Power Administration, et al., Respondents.

United States Court of Appeals, Ninth Circuit.

Submitted September 13, 1983.

Decided February 9, 1984.

As Amended on Denial of Rehearing and Rehearing May 10, 1984.

Attorney(s) appearing for the Case

Alan Larsen, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for Central Lincoln People's Utility Dist.

Allan M. Garten, Garvey, Schubert, Adams & Baker, Portland, Or., for intervenor Intern. Paper.

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

Peter G. Fairchild, San Francisco, Cal., for Cal. PUC.

Eric Redman, Preston, Thorgrisom, Ellis & Holman, Seattle, Wash., for Direct Service.

Clyde E. Hirschfeld, Rosemead, Cal., for Southern Cal. Edison.

Daniel W. Meek, Sacramento, Cal., for Cal. Energy Com'n.

Michael Peter Alcantar, Los Angeles, Cal., for Los Angeles Water & Power.

A. Kirk McKenzie, San Francisco, Cal., for PG & E.

Paul Graham, Asst. Atty. Gen., Salem, Or., for Or. PUC.

John D. Ballach, Seattle, Wash., Alvin Alexanderson, Portland, Or., for Investor Owned.

Thomas Lee, Asst. U.S. Atty., Edward A. Finklea, Portland, Or., for Bonneville Power.

Joanne Leveque, Washington, D.C., for FERC.

Before SCHROEDER, ALARCON, and NORRIS, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc May 10, 1984.

SCHROEDER, Circuit Judge.

I. INTRODUCTION

These consolidated cases concern the 1981 wholesale power and transmission rates adopted by the Administrator of the Bonneville Power Administration (BPA). These are the first rates promulgated under the Pacific Northwest Electric Power Planning and Conservation Act (the Act), 16 U.S.C. § 839-839h (1982). The petitioners in the principal...

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