CP NAT. CORP. v. BONNEVILLE POWER ADMIN.

Nos. 89-70262, 90-70029.

928 F.2d 905 (1991)

CP NATIONAL CORPORATION, a California corporation, Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent. CP NATIONAL CORPORATION, a California corporation, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1991.

As Amended May 13, 1991.


Attorney(s) appearing for the Case

George L. Wagner, Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, Or., for petitioner.

Jerome M. Feit, Solicitor, F.E.R.C., Washington, D.C., for respondent.

Randy A. Roach, Asst. Gen. Counsel, Bonneville Power Admin., Portland, Or., for respondent.

Before WRIGHT, POOLE and THOMPSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

CP National applied to the Bonneville Power Administration ("BPA") for an increase in its average system cost ("ASC"). BPA determined that, pursuant to the 1984 average system cost methodology ("ASC methodology"), CP National was not entitled to an increase because the Oregon Public Utilities Commission ("OPUC") had not determined the costs in question to be reasonable for ratemaking purposes. The Federal Energy Regulatory Commission...

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