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BRAZOS ELEC. POWER v. SOUTHWESTERN POWER ADMIN.

No. 86-1059.

828 F.2d 1083 (1987)

BRAZOS ELECTRIC POWER COOPERATIVE, INC., Plaintiff-Appellant, v. SOUTHWESTERN POWER ADMINISTRATION, et al., Defendants-Appellees, and Southwestern Power Resources Association, Inc., et al., Intervenors-Appellees.

United States Court of Appeals, Fifth Circuit.

September 21, 1987.

Attorney(s) appearing for the Case

R. Coke Mills, Mills, Riley, Millar & Matkin, Waco, Tex., Robert A. Jablon, Cynthia S. Bogorad, Nancy E. Wiegers, Spiegel & McDiarmid, Washington, D.C., for plaintiff-appellant.

C. Max Vassanelli, Dept. of Justice, Civil Div., Washington, D.C., for Southwestern Power Admin., et al.

M.D. Sampels, Robert P. Oliver, Worsham, Forsythe, Sampels & Wooldridge, Dallas, Tex., for Texas Utilities Elec. Co.

Clinton A. Vince, Nancy A. Wodka, Bernhardt K. Wruble, Washington, D.C., for Rayburn Country Elec. Co-op.

Ralph J. Gillis, Hingham, Mass., for Sam Rayburn Dam Elec. Co-op., et al.

Robert D. Willis, Livingston, Tex., for Southwestern Power Resources.

William H. Burchette, Heron, Burchette, Ruckert & Rothwell, Christine C. Ryan, Mark D. Nozette, Washington, D.C., for Tex.-La. Elec.

Before GOLDBERG, RUBIN, and POLITZ, Circuit Judges.

PER CURIAM:

The comments and arguments by Brazos Electric Power Cooperative, Inc. in its petition for panel rehearing and suggestion for rehearing en banc prompt a brief response.

Brazos renews its argument that hydroelectric power was sold to Texas Utilities Electric Companies (TUEC) in violation of the preference clause of the Flood Control Act of 1944, 16 U.S.C. § 825s. We do not agree.

TUEC owns the only transmission lines available to handle...

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