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PACIFICORP v. BONNEVILLE POWER ADMIN.

No. 87-7266.

856 F.2d 94 (1988)

PACIFICORP, a Maine corporation, dba Pacific Power & Light Company, Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 2, 1988.

Amended October 4, 1988.

Attorney(s) appearing for the Case

Thomas H. Nelson, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for petitioner.

James O. Luce, Asst. Gen. Counsel, Bonneville Power Admin., Portland, Or., Robert B. Ross, Asst. U.S. Atty., Portland, Or., for respondent.

Before GOODWIN, Chief Judge, ALARCON, Circuit Judge, and TASHIMA, District Judge.

GOODWIN, Chief Judge:

Pacificorp is an investor-owned electric utility company serving retail customers in Alturas, California, a city having a population of about 3000. Pacificorp appeals the decision of the Bonneville Power Administration (BPA) to serve Alturas with firm power through a creative use of the city's power of eminent domain and the preference afforded the Surprise Valley Electrification Corporation (SVEC) as a rural electrification beneficiary. See...

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