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ALUMINUM CO. v. CENTRAL LINCOLN UTIL. DIST.

No. 82-1071.

467 U.S. 380 (1984)

ALUMINUM COMPANY OF AMERICA ET AL. v. CENTRAL LINCOLN PEOPLES' UTILITY DISTRICT ET AL.

Supreme Court of United States.

Decided June 5, 1984

Attorney(s) appearing for the Case

M. Laurence Popofsky argued the cause for petitioners. With him on the briefs were Eric Redman, Peter A. Wald, and Dian M. Grueneich.

Jerrold J. Ganzfried argued the cause for the federal respondents under this Court's Rule 19.6, urging reversal. With him on the briefs were Solicitor General Lee, Assistant Attorney General McGrath, Deputy Solicitor General Claiborne, and Bruce G. Forrest.

Jay T. Waldron argued the cause for respondents Central Lincoln Peoples' Utility District et al. With him on the brief was Donald A. Haagensen. James W. Durham, Alvin Alexanderson, and Robert T. O'Leary filed a brief for respondents Portland General Electric Co. et al. Robert M. Greening, Jr., filed a brief for respondent Public Power Council.*

JUSTICE BLACKMUN delivered the opinion of the Court.

Since enactment of the Bonneville Project Act of 1937, 50 Stat. 731, 16 U. S. C. § 832 et seq. (Project Act), the Bonneville Power Administration (BPA) has marketed low-cost hydroelectric power generated by a series of dams along the Columbia River. Although § 4(a) of the Project Act, 16 U. S. C. § 832c(a), directs the BPA Administrator to "give preference...

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