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ATLANTIC RICHFIELD CO. v. BONNEVILLE POWER ADMIN.

Nos. 83-7971, 83-7981, 85-7473, 85-7488.

818 F.2d 701 (1987)

ATLANTIC RICHFIELD COMPANY; Aluminum Company of America; the Carborundum Company; Georgia-Pacific Corporation; Intalco Aluminum Corporation; Kaiser Aluminum & Chemical Corporation; Martin Marietta Corporation and Commonwealth Aluminum Corporation; Oregon Metallurgical Corporation; Pacific Carbide & Alloys Co.; Pennwalt Corporation; and Reynolds Metals Company, Petitioners, and Hanna Nickel Smelting Co., Intervenor, v. BONNEVILLE POWER ADMINISTRATION, and James J. Jura, as Administrator of the Bonneville Power Administration, Respondents, and Northwest Investor-Owned Utilities, et al., Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided June 3, 1987.

As Amended July 27, 1987.

Attorney(s) appearing for the Case

Paul M. Murphy, Portland, Or., Robert T. Tall, III, New York City, David N. Furman, Portland, Or., for petitioners.

Thomas C. Lee, Portland, Or., John Cameron, Randall Roach, Portland, Or., for respondents.

Before KENNEDY and REINHARDT, Circuit Judges, and PRICE, District Judge.

PER CURIAM:

In these consolidated appeals, the district service industrial customers (DSIs) of the Bonneville Power Administration (BPA) petition for review of BPA's imposition of a "customer charge" as part of its 1983 rate-making activity.

Petitions numbered 83-7971 and 83-7981 were filed after BPA first established the rates in question but before the Federal Energy Regulatory Commission (FERC) approved the rates; petitions numbered 85-7473 and 85-7488...

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