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CALIFORNIA ENERGY COM'N v. BONNEVILLE POWER ADMIN.

Nos. 88-7280, 88-7315, 88-7318 and 88-7319.

909 F.2d 1298 (1990)

CALIFORNIA ENERGY COMMISSION, Petitioner, Puget Sound Power & Light Company, Washington Water Power Company ("WWP"), Petitioner-Intervenor, v. BONNEVILLE POWER ADMINISTRATION; U.S. Department of Energy, Respondents, Association of Public Agency Customers; Public Power Council; Public Utility District No. 1 of Chelan County, Washington; Pacificorp, DBA Pacific Power & Light Company ("Pacific"); Public Utility District No. 2 of Grant County, Washington; Western Public Agencies Group ("WPAG"); Montana Power Company; City of Seattle, City Light Department ("City"); Public Generating Pool ("PGP"); Eugene Water & Electric Board ("EWEB"); Director Service Industrial Customers ("DSIS"), Respondent-Intervenor. PACIFIC NORTHWEST GENERATING COMPANY ("PNGC"), Petitioner, v. BONNEVILLE POWER ADMINISTRATION; U.S. Department of Energy; United States of America, Respondents. VANALCO INC.; Aluminum Company of America; Columbia Falls Aluminum Company, Petitioners, Washington Water Power Company ("WWP"); Puget Sound Power and Light Company, Petitioner-Intervenor, v. BONNEVILLE POWER ADMINISTRATION, Respondent, Portland General Electric Company; Association of Public Agency Customers; ARCO; Montana Power Company; Public Generating Pool ("PGP"); Eugene Water & Electric Board ("EWEB"); Non-Generating Public Utilities ("NGPU"), Respondent-Intervenor. CALIFORNIA PUBLIC UTILITIES COMMISSION, Petitioner, Puget Sound Power and Light Company; The Department of Water & Power of the City of Los Angeles; Public Service Department of the City of Burbank; Public Service Department of the City of Glendale; Water & Power Department of the City of Pasadena; San Diego Gas & Electric Company and Southern California Edison Company; Pacific Gas and Electric Company, Petitioner-Intervenor, v. BONNEVILLE POWER ADMINISTRATION; U.S. Department of Energy, Respondents, Pacific Power & Light Company; Eugene Water & Electric Board ("EWEB"); Public Generating Pool ("PGP"); Northwest Power Planning Council; Direct Service Industrial Customers ("DSIS"), Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided July 26, 1990.

Attorney(s) appearing for the Case

William M. Chamberlain, Sacramento, Cal., for petitioners California Energy Com'n.

Paul M. Murphy, Portland, Or., for intervenors Direct Service Indus. Customers and Western Public Agencies Group.

Sherilyn Peterson, Seattle, Wash., for Puget Sound Power & Light Co.

Thomas Millet, Dept. of Justice, Washington, D.C., for BPA.

Jay T. Waldron, Portland, Or., for Public Generating Pool.

Before CANBY, and LEAVY, Circuit Judges, and ORRICK, District Judge.

CANBY, Circuit Judge:

This case involves consolidated challenges to the Bonneville Power Administration's ("BPA") Long-Term Intertie Access Policy ("LTIAP") which allocates access to the Pacific Northwest-Pacific Southwest Intertie, a system of high voltage lines transmitting federal and non-federal power between the two regions. The LTIAP is being attacked on several fronts by parties with diverse and sometimes competing interests. None of the parties with an interest...

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