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CENTRAL MONTANA ELEC. POWER COOPERATIVE, INC. v. ADM'R OF BONNEVILLE POWER ADMINISTRATION

Nos. 86-7602, 87-7080 and 87-3624.

840 F.2d 1472 (1988)

CENTRAL MONTANA ELECTRIC POWER COOPERATIVE, INC.; Upper Missouri G & T Electric Cooperative, Inc., Petitioners, Montana Power Company, Petitioner-Intervenor, v. ADMINISTRATOR OF the BONNEVILLE POWER ADMINISTRATION, Respondent. CENTRAL MONTANA ELECTRIC POWER COOPERATIVE, INC.; Upper Missouri G & T Electric Cooperative, Inc., Plaintiffs-Appellants, Montana Power Company, Intervenor, v. ADMINISTRATOR OF the BONNEVILLE POWER ADMINISTRATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 1, 1988.

Attorney(s) appearing for the Case

Richmond F. Allan, Washington, D.C., for petitioners Central Montana Elec. Power Co-op., et al.

Daniel O. Flanagan, Butte, Mont., for petitioner-intervenor Montana Power Co.

L. Randall Weisberg, Portland, Or., for respondent BPA.

Before CANBY and BEEZER, Circuit Judges, and GRAY, District Judge.

BEEZER, Circuit Judge:

Central Montana Electric Power Cooperative and Upper Missouri G & T Electric Cooperative (the Cooperatives) challenge the decision by the Administrator of the Bonneville Power Administration (BPA) to deny its request for an allocation of electricity produced at the Libby Dam and Reservoir (Libby). We conclude that the action is justiciable for review, original jurisdiction lies with this Court, and that the controlling statutes set forth...

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