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CALIFORNIA ENERGY COM'N v. JOHNSON

No. 83-7962.

767 F.2d 631 (1985)

CALIFORNIA ENERGY COMMISSION, a State Agency; and Charles R. Imbrecht and Geoffrey D. Commons, individuals, Petitioners, v. Peter JOHNSON, as Administrator of the Bonneville Power Administration, Department of Energy; Donald Hodel, as Secretary of the Department of Energy; Federal Energy Regulatory Commission; and the United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided August 1, 1985.

Attorney(s) appearing for the Case

Jonathan Blees, William M. Chamberlain, Sacramento, Cal., for petitioners.

William David Sprayberry, Judith A. Bearzi, Vancouver, Wash., J. Richard Baxendale, Portland, Or., for Public Power Council.

John A. Cameron, Jr., Jack G. Collins, Thomas C. Lee, Kurt R. Casad, BPA Portland, Or., for respondents.

M. Laurence Popofsky, Eric Redman, Dian M. Grueneich, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., Eric Redman, Heller, Ehrman, White & McAuliffe, Seattle, Wash., Michael C. Dotten, Heller, Ehrman, White & McAuliffe, Portland, Or., for Direct Service Indus.: Customers of BPA:

Before KENNEDY, ALARCON, and FERGUSON, Circuit Judges.

KENNEDY, Circuit Judge:

Petitioners filed this original action seeking review by this court of certain aspects of the Bonneville Power Administration ("BPA") 1983 wholesale power rates, promulgated under authority of the Pacific Northwest Electric Power Planning and Conservation Act (the "Act"), 16 U.S.C. §§ 839-839(h) (1982).

Petitioners are the California Energy Commission ("CEC") and two of its individual members. CEC, a statutory agency responsible...

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