U.S. v. PACIFIC GAS AND ELEC. CO.

No. C-88-1600-WWS.

714 F.Supp. 1039 (1989)

UNITED STATES of America, acting By and Through the WESTERN AREA POWER ADMINISTRATION, Plaintiff, v. PACIFIC GAS AND ELECTRIC COMPANY, Northern California Power Agency, and the Cities of Alameda, Healdsburg, Lodi, Lompoc, Ukiah, and Santa Clara, Defendants. And Related Cross-Actions.

United States District Court, N.D. California.

June 8, 1989.


Attorney(s) appearing for the Case

C. Max Vassanelli, Peter Kim, Jr., Dept. of Justice, Civ. Div., Washington, D.C., for plaintiff.

Terry J. Houlihan, McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., Richard W. Nichols, McDonough, Holland & Allen, Sacramento, Cal., Robert C. McDiarmid, Spiegel & McDiarmid, G. Philip Nowak, Arnold & Porter, Washington, D.C., for defendants.


MEMORANDUM OF DECISION AND ORDER

SCHWARZER, District Judge.

The United States, through the Western Area Power Administration ("WAPA"), brings this action against Pacific Gas and Electric Company ("PG & E"), Northern California Power Agency ("NCPA"), and six city members of NCPA ("Cities")1 to recover payment for energy2 sold by WAPA and used by the Cities from May through September 1982, and to...

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