The UTILITY REFORM PROJECT, Petitioner,
v.
BONNEVILLE POWER ADMINISTRATION and Peter Johnson, Administrator, Respondent,
Washington Water Power Company, Respondent/Intervenor.
PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY, a Washington municipal corporation, Petitioners,
v.
BONNEVILLE POWER ADMINISTRATION; Peter J. Johnson, Administrator of Bonneville Power Administration; Puget Sound Power & Light Company, a Washington corporation; Washington Water Power Company, a Washington corporation; Portland General Electric Company, An Oregon corporation, et al., Respondents.
CITY OF BONNERS FERRY, IDAHO; City of Burley, Idaho; City of Centralia, Washington; Clearwater Power Co., Idaho; City of Declo, Idaho; East and Mutual Electric Co., Idaho, et al., Petitioners,
v.
BONNEVILLE POWER ADMINISTRATION; Peter T. Johnson, Administrator of Bonneville Power Administration; Puget Sound Power & Light Company; Pacific Power & Light Company; Portland General Electric Co., et al., Respondents.
COLUMBIA RURAL ELECTRIC ASSOCIATION, INC., Blachly-Lane County Cooperative Electric Association, Columbia Basin Electric Cooperative, Inc., et al., Petitioners,
v.
BONNEVILLE POWER ADMINISTRATION; Peter T. Johnson, Administrator of the Bonneville Power Administration; Puget Sound Power & Light Co.; Washington Power Co.; Portland General Electric Co.; Pacific Power & Light Co.; and Washington Public Power Supply System, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted March 9, 1988.
Decided January 27, 1989.
As Modified June 7, 1989.
Attorney(s) appearing for the Case
John D. Lowery, Seattle, Wash., for Small Utilities Group.
Andrew J. Kinstler, Seattle, Wash., for Certain Columbia Cooperatives.
Douglas N. Ragen, Portland, Or., for Washington Group.
Harry E. Grant, Seattle, Wash., for City of Bonners Ferry and Small Utilities Group.
Robert B. Ross, Asst. U.S. Atty., Portland, Or., William N. Mathias, Seattle, Wash., for Washington Public Power Supply System.
Stoel, Rives, Boley, Jones & Grey, Stephen S. Walters, Alan R. Merkle, Portland, Or., for Pacific Power & Light Co.
Perkins Coie, David E. Wagoner, Donald G. Kari, Eugene C. Chellis, Seattle, Wash., for Puget Sound Power & Light Co.
Paine, Hamblen, Coffin, Brooke & Miller, Gary A. Dahlke, Robert E. Neate, Spokane, Wash., for The Washington Water Power Co.
Tonkon, Torp, Galen, Marmaduke & Booth, William F. Martson, Barbee Lyon, Portland, Or., for Portland General Elec. Co.
Before TANG and CANBY, Jr., Circuit Judges, and CURTIS, District Judge.
United States Court of Appeals, Ninth Circuit.
CANBY, Circuit Judge:
Introduction
This is an original proceeding brought under the Pacific Northwest Electric Power Planning and Conservation Act ("the Regional Act"), 16 U.S.C. § 839f(e)(5). The petition challenges the legality of a settlement agreement entered by the Bonneville Power Administration ("BPA") to settle claims brought by four Investor-Owned Utilities ("IOUs") as a result of BPA's decision...
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