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VULCAN POWER CO. v. BONNEVILLE POWER ADMIN.

No. 94-70748.

89 F.3d 549 (1996)

VULCAN POWER COMPANY, Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent, California Energy Company, Inc.; C.E. Newberry, Inc., Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Memorandum February 26, 1996.

Decided July 16, 1996.

Attorney(s) appearing for the Case

Joseph B. Richards, Luvaas, Cobb, Richards & Fraser, Eugene, Oregon, for petitioner Vulcan Power Company.

Harvard P. Spigal, Preston Michie and Joyce E. Patton, Bonneville Power Administration, Portland, Oregon; Thomas C. Lee, Assistant United States Attorney, Portland, Oregon, for respondent Bonneville Power Administration.

Stephen L. Griffith and William H. Holmes, Stoel, Rives, Boley, Jones & Grey, Portland, Oregon, for respondents-intervenors California Energy and C.E. Newberry.

Before: JOHN T. NOONAN, Jr., LEAVY and HAWKINS, Circuit Judges.

PER CURIAM.

Vulcan Power Company, an unsuccessful bidder for a federal Geothermal Pilot Project at the Newberry Crater in Oregon (the "Project"), appeals two final decisions of the respondent, Bonneville Power Administration ("Bonneville"). On September 15, 1994, Bonneville decided not to reopen the Project selection and affirmed its initial decision not to select Vulcan. Bonneville's second decision, dated September 16, 1994 was to execute a Power Purchase Agreement...

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