OVERTON POWER DISTRICT NO. 5 and Valley Electric Association, Inc., Plaintiffs,
v.
James D. WATKINS, solely in his capacity as the Secretary of the United States Department of Energy; Linda G. Stuntz, solely in her capacity as the Deputy Secretary of the United States Department of Energy; J. Michael Davis, solely in his capacity as the Assistant Secretary for Conservation and Renewable Energy of the United States Department of Energy; and Federal Energy Regulatory Commission, Defendants.
United States District Court, D. Nevada.https://leagle.com/images/logo.png
July 28, 1993.
July 28, 1993.
Attorney(s) appearing for the Case
Melvin D. Close, Jones, Jones, Close & Brown, Las Vegas, NV, James T. McManus, Arnold B. Podgorsky, Wright & Talisman, Washington, DC, for plaintiffs.
C. Max Vassanelli, Dept. of Justice, Civ. Div., Washington, DC, for defendants.
Robert S. Lynch, Phoenix, AZ, Michael R. Pontoni, Las Vegas, NV, for amici curiae Arizona Customer Group.
James P. Bartlett, Phoenix, AZ, Michael N. McCarty, Ritts, Brickfield & Kaufman, Washington, DC, James V. Lavelle, III, Crockett & Meyers, Ltd., Las Vegas, NV, for intervenor Arizona Power Authority.
David W. Hagen, Guild & Hagen, Ltd., Reno, NV, for amici curiae, Dept. of Water and Power of the City of Los Angeles, Southern California Edison Co., and Metropolitan Water Dist. of Southern California.
James K. Hahn, City Atty., Edward C. Farrell, Chief Asst. City Atty. for Water and Power, Los Angeles, CA, Northcutt Ely, Redlands, CA, for amici curiae, Dept. of Water and Power of the City of Los Angeles.
Bryant C. Danner, Ann Cohn, Rosemead, CA, Northcutt, Ely, Redlands, CA, for amici curiae, Southern California Edison Co.
Karen L. Tachiki, Asst. Gen. Counsel, Diana Mahmud, Deputy Gen. Counsel, Los Angeles, CA, for amici curiae, Metropolitan Water Dist. of Southern California.
United States District Court, D. Nevada.
MEMORANDUM DECISION AND ORDER
PRO, District Judge.
I. INTRODUCTION
Plaintiffs Overton Power District No. 5 and Valley Electric Association, Inc. (referred to collectively as "Plaintiffs" or "Overton/Valley"), are resale power customers of the Colorado River Commission. On October 15, 1992, Overton/Valley brought this action under the Administrative Procedure Act, 5 U.S.C. § 551, et seq., and the Boulder Canyon Project Act, 43 U.S.C. §...
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