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CITY OF SEATTLE v. F.E.R.C.

No. 89-70486.

923 F.2d 713 (1991)

CITY OF SEATTLE, Petitioner, Puget Sound Power and Light Company, Petitioner-Intervenor, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Public Utility Dist., No. 1 of Pend Oreille County, Washington; Bonneville Power Administration, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1991.

Attorney(s) appearing for the Case

William H. Patton, Asst. City Atty., Seattle, Wash., for petitioner.

Donald G. Kari and Sherilyn Peterson, Perkins Coie, Bellevue, Wash., for petitioner-intervenor.

Dwight C. Alpern, F.E.R.C., Washington, D.C., for respondent.

William J. Madden, Jr., Bishop, Cook, Purcell & Reynolds, Washington, D.C., Jerry K. Boyd, Payne, Hamblin, Coffin, Brooke & Miller, Spokane, Wash., and Sarah R. McNary, Bonneville Power Administration, Portland, Or., for respondent-intervenor.

Before NELSON, O'SCANNLAIN and FERNANDEZ, Circuit Judges.

FERNANDEZ, Circuit Judge:

Public Utility District No. 1 of Pend Oreille County, Washington (PUD) petitioned the Federal Energy Regulatory Commission (FERC) for an order interpreting a license which had been granted to the City of Seattle (Seattle). The license provision in question gave PUD certain rights to receive power from Seattle. FERC issued an order, which had the effect of requiring Seattle to abide by the terms of the license, and which also interpreted the...

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