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CITY OF SEATTLE v. JOHNSON

Nos. 83-7947, 84-7591.

813 F.2d 1364 (1987)

The CITY OF SEATTLE, City Light Department; City of Eugene, by the Eugene Water & Electric Board; Public Utility District No. 1 of Chelan County, Washington; City of Tacoma; Public Utility District No. 1 of Grant County, Washington; Central Lincoln Peoples' Utility District; Clatskanie Peoples' Utility District; and Tillamook Peoples' Utility District, Petitioners, v. Peter JOHNSON, as Administrator, Bonneville Power Administration; Donald P. Hodel, as Secretary of the Department of Energy; and the United States of America, Respondents, and Hanna Nickel Smelting Company, et al., Intervenors. PUGET SOUND POWER & LIGHT COMPANY, Petitioner, v. Peter JOHNSON, as Administrator, Bonneville Power Administration; Donald P. Hodel, as Secretary of the Department of Energy; and the United States of America, Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1987.

Attorney(s) appearing for the Case

Alan S. Larsen, Jay Waldron, Portland, Or., John Daniel Ballach, Seattle, Washington, Walter L. Williams, Seattle, Wash., for petitioner.

David J. Adler, Thomas C. Lee, Portland, Or., John A. Cameron, Portland, Or., for respondents.

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

PER CURIAM:

In these consolidated appeals, the Public Generating Pool (PGP)1 and the Puget Sound Power & Light Company (Puget Sound) seek a review of a portion of the wholesale power rates established by the Bonneville Power Administration (BPA) in 1983. PGP and Puget Sound allege that BPA's imposition of a fixed charge for the right to receive power, independent of whether PGP and Puget Sound actually use any power, violates their...

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