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CITY OF SOUTH SIOUX CITY v. WESTERN AREA POWER ADMIN. OF U.S. DEPT. OF ENTERGY

Nos. 85-1757, 85-1895.

793 F.2d 181 (1986)

The CITY OF SOUTH SIOUX CITY; The City of Randolph; The City of Madison; the City of Wakefield; Municipal Corporation of the State of Nebraska, Appellants, v. The WESTERN AREA POWER ADMINISTRATION OF the UNITED STATES DEPARTMENT OF ENERGY; William H. Clagett, Administrator, Western Area Power Administration, United States Department of Energy; John Herrington, Secretary of Department of Energy; and The United States of America, Appellees. The CITY OF SOUTH SIOUX CITY; The City of Randolph; The City of Madison; The City of Wakefield; Municipal Corporation of the State of Nebraska, Appellees, v. The WESTERN AREA POWER ADMINISTRATION OF the UNITED STATES DEPARTMENT OF ENERGY; William H. Clagett, Administrator, Western Area Power Administration, United States Department of Energy; John Herrington, Secretary of Department of Energy; and The United States of America, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1986.

Attorney(s) appearing for the Case

Steven C. Seglin, Lincoln, Neb., for appellants.

Drake Cutini, Dept. of Justice, Washington, D.C., for appellees.

Before HEANEY, Circuit Judge, TIMBERS, Senior Circuit Judges, and BOWMAN, Circuit Judge.

HEANEY, Circuit Judge.

The issue in this appeal is whether four Nebraska cities — South Sioux City, Randolph, Madison, and Wakefield — are entitled to an injunction ordering the Western Area Power Administration (WAPA) to grant them an allotment of low-cost federal hydroelectric power made available through an informal notice-and-comment power-marketing proceeding undertaken by WAPA during 1979 and 1980. (The "Post-1985 Marketing Program" or "Program...

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