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CALIFORNIA ENERGY RESOURCES v. BONNEVILLE POWER

No. 83-7181.

754 F.2d 1470 (1985)

CALIFORNIA ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION, Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn July 11, 1984.

Resubmitted October 2, 1984.

Decided March 4, 1985.

Attorney(s) appearing for the Case

William M. Chamberlain, Sacramento, Cal., for petitioner.

Kurt Casad, Portland, Or., for respondent.

Before KILKENNY, SNEED, and NORRIS, Circuit Judges.

Sneed, Circuit Judge:

Petitioner California Energy Resources Conservation and Development Commission (CEC) challenges transactions between the Bonneville Power Administration (BPA) and two northwest electric utilities that took place in 1983. Petitioner seeks a declaratory judgment that the transactions constituted a sale of electric power by BPA at a rate below that authorized by the established rate structure, and that BPA was therefore required to undertake statutorily...

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