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NORTHWEST ENVIRONMENTAL DEFENSE CTR. v. BPA

Nos. 90-70548, 91-70265.

117 F.3d 1520 (1997)

NORTHWEST ENVIRONMENTAL DEFENSE CENTER; Northwest Resource Information Center, Inc.; Oregon Trout, Inc.; Idaho Steelhead and Salmon Unlimited; Salmon For All, Petitioners, v. BONNEVILLE POWER ADMINISTRATION; U.S. Department of Energy, Respondents, Direct Service Industrial Customers (Aluminum Co. of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp., et al.); Puget Sound Power & Light Company, a Maine Corporation; City of Seattle, City Light Department ("City"); Public Utility Dist. No. 2 of Grant County, Washington ("Grant"); Washington Water Power Company; Public Utility Dist. No. 1 of Chelan County, Washington, A Washington municipal corporation ("Chelan"); Public Power Council; Canby Utility Board ("Canby"); Tillamook Peoples' Utility District; Public Utility District #1 of Benton County, Washington; Public District # 1of Franklin County, Washington; Public Utility # 1 of Skamaia County; Washington and Western Montana Generating & Transmission Cooperative, Inc.; Portland General Electric Company; Pacific Power & Light Company; Public Utility District No. 1 of Douglas County, Respondents-Intervenors. NORTHWEST ENVIRONMENTAL DEFENSE CENTER; Northwest Resource Information Center, Inc.; Idaho Steelhead and Salmon Unlimited; Petitioners, Public Power Council, Petitioner-Intervenor, v. BONNEVILLE POWER ADMINISTRATION; U.S. Department of Energy, Respondents, Direct Service Industrial Customers (Aluminum Co. of America, Atochem North America, Columbia Falls Aluminum Company, Georgia-Pacific Corp., Kaiser Aluminum & Chemical Corp., Intalco Aluminum Corp., et al.); Puget Sound Power & Light Company, a Maine Corporation; City of Seattle, City Light Department ("City"); Public Utility Dist. No. 2 of Grant County, Washington ("Grant"); Washington Water Power Company; Public Utility Dist. No. 1 of Chelan County, Washington, A Washington municipal corporation ("Chelan"); Public Power Council; Canby Utility Board ("Canby"); Tillamook Peoples' Utility District; Public Utility District # 1 of Benton County, Washington; Public District # 1of Franklin County, Washington; Public Utility # 1 of Skamaia County; Washington and Western Montana Generating & Transmission Cooperative, Inc.; Portland General Electric Company; Pacific Power & Light Company; Public Utility District No. 1 of Douglas County, Respondents-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1997.

Attorney(s) appearing for the Case

Daniel J. Rohlf, Portland, Oregon, for petitioners.

Philip S. Key, Bonneville Power Administration, Portland, Oregon, for respondent, Bonneville Power.

Kristi M. Wallis, Culp, Guterson & Grader, Seattle, Washington, for Public Utility Dist. No. 1, et al.

Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges.

Opinion by Judge BRUNETTI; Dissent by Judge REINHARDT.

BRUNETTI, Circuit Judge:

BACKGROUND

Petitioners representing environmental and fishing interests1 challenge final actions of the Bonneville Power Administration (BPA)2 in these consolidated petitioners for review. In 1990, BPA entered into agreements with British Columbia Hydro and Power Authority (BC Hydro) and several electric...

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