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PUBLIC UTILITIES COM'N OF STATE OF CAL. v. F.E.R.C.

No. 86-7280.

814 F.2d 560 (1987)

PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA; California Energy Resources Conservation and Development Commission; Southern California Edison Company; Pacific Gas and Electric Company; San Diego Gas & Electric Company; Department of Water and Power of the City of Los Angeles, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Bonneville Power Administration, Respondent, and Aluminum Company of America; Columbia Falls Aluminum Company; Commonwealth Aluminum Corporation; Georgia Pacific Corporation; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Pacific Carbide & Alloys Company; Pennwalt Corporation; Reynolds Metals Co.; Oregon Metallurgical Corporation; Association of Public Agency Customers, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1987.

Attorney(s) appearing for the Case

John D. McGrane, William M. Dudley, Richard M. Merriman, Washington, D.C., for petitioners.

John Estes and A. Karen Hill, Washington, D.C., John A. Cameron, Jr., Portland, Or., David J. Adler, Heidi L. Sachs, Matthew Cohen, Kelley D. McCoy, Seattle, Wash., Paul J. Kaufman, Portland, Or., for intervenors.

Before GOODWIN, KENNEDY and PREGERSON, Circuit Judges.

KENNEDY, Circuit Judge:

The California Public Utilities Commission, California Energy Resources Conservation and Development Commission, Los Angeles Department of Water and Power, and three California electric utility companies, the petitioners here, seek review of changes proposed by the Bonneville Power Administration for its Nonfirm Energy Rate Schedules. Petitioners contend that BPA failed to hold a hearing required by...

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