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CITY OF SANTA CLARA v. WATKINS

No. 91-15168.

984 F.2d 1008 (1993)

CITY OF SANTA CLARA, Plaintiff-Appellee, Cities of Palo Alto, Redding, Roseville, Biggs, and Gridley; Plumas-Sierra Rural Electric Cooperative; and Shasta Dam Area Public Utility District, Plaintiffs-Intervenors-Appellees, v. James D. WATKINS, Secretary of Energy; United States Department of Energy, Western Area Power Administration; and William Clagett, Administrator of the Western Area Power Administration, Defendants-Appellants, Arvin-Edison Water Storage District; Banta-Carbona Irrigation District; Byron-Bethany Irrigation District; Glenn-Colusa Irrigation District; James Irrigation District; San Luis Obispo Water District; West Side Irrigation District; West Stanislaus Irrigation District; Trinity County Public Utilities District; Hayfork Valley Public Utility District; Calaveras Public Power Agency; Tuolumne County Public Power Agency; Bureau of Electricity of the City of Alameda; and the Cities of Lodi, Lompoc, Ukiah and Healdsburg, Defendants-Intervenors-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Margot de Ferranti (argued) and C. Max Vassanelli, U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

Dian M. Grueneich, Grueneich, Ellison & Schneider, San Francisco, CA, for defendants-intervenors-appellants First Preference Customers.

Michael N. McCarty (argued) and Daniel C. Kaufman, Ritts, Brickfield & Kaufman, Washington, DC, for defendants-intervenors-appellants Irrigation Districts.

Robert A. O'Neil and John Michael Adragna, Miller, Balis & O'Neil, P.C., Washington, DC, for defendants-intervenors-appellants Five Cities.

Barry F. McCarthy, Duncan, Weinberg & Miller, Santa Clara, CA, for plaintiff-appellee.

Reuben Goldberg, Goldberg, Fieldman & Letham, Washington, DC, for plaintiffs-intervenors-appellees.

Before: FLETCHER, POOLE, and BRUNETTI, Circuit Judges.

FLETCHER, Circuit Judge:

Appellants-defendants and appellants-intervenors-defendants (this court previously held them to have a right to intervene as parties affected by the settlement) appeal the district court's order interpreting a settlement agreement between appellees-plaintiffs and appellants-defendants. At issue is a term in the settlement agreement that the parties neglected to define. The elusive term is "nonwithdrawable" as applied to hydroelectric power...

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