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CENTRAL ELEC. CO-OP., INC. v. BONNEVILLE POWER ADMIN.

No. 85-7242.

835 F.2d 199 (1987)

CENTRAL ELECTRIC COOPERATIVE, INC., Petitioner, v. BONNEVILLE POWER ADMINISTRATION, U.S. Department of Energy, Respondent, and Direct Service Industrial Customers, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided December 23, 1987.

Attorney(s) appearing for the Case

Ronald L. Marceau, Marceau, Karnopp, Petersen, Noteboom & Hubel, Bend, Or., for petitioner.

Thomas D. Miller, Asst. U.S. Atty., Civil Div., Portland, Or., for respondent.

Paul M. Murphy, Heller, Ehrman, White & McAuliffe, Portland, Or., for intervenors.

Before HUG, FARRIS and CANBY, Circuit Judges.

HUG, Circuit Judge:

This case is brought as a direct proceeding under the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. § 839f(e)(5) (1982) ("Regional Act"). Central Electric Cooperative ("CEC"), a utility, claims that Bonneville Power Administration ("BPA") breached their Residential Purchase and Sale Agreement by refusing to acknowledge a rate increase which would have led to an enhancement of the subsidy BPA is obliged to give under...

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