SOUTHERN CALIFORNIA EDISON COMPANY, Plaintiff-Cross-Appellant, and
Los Angeles Department of Water and Power, Plaintiff-Cross-Appellant,
v.
UNITED STATES, Defendant/Third Party Plaintiff-Appellant, and
Arizona Power Authority, Third Party Defendant-Appellant, and
Colorado River Commission of Nevada, Third Party Defendant-Appellant, and
Metropolitan Water District of Southern California, Third Party Defendant-Appellant, and
City of Boulder City, Nevada, Third Party Defendant-Appellant, and
The City of Burbank, California, Third Party Defendant-Appellant, and
The City of Glendale, California, Third Party Defendant-Appellant, and
The City of Pasadena, California, Third Party Defendant-Appellant.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
September 11, 2000.
September 11, 2000.
Attorney(s) appearing for the Case
Brad Fagg, Morgan, Lewis, Bokius, L.L.P, of Washington, DC, argued for plaintiff-cross appellant. With him on the brief was Thomas C. Hokinson, Office of City Attorney, of Los Angeles, California, for plaintiff-cross appellant Los Angeles Department of Water and Power.
C. Max Vassanelli, Attorney, Civil Division, Department of Justice, argued for Defendant/Third Party Plaintiff-Appellant United States. With him on the brief was David W. Ogden, Assistant Attorney General.
Michael N. McCarty, Brickfield, Burchette & Ritts, P.C., of Washington, DC, argued for Third Party Defendants-Appellants. With him on the brief were Gerald A. Lopez, Senior Deputy Attorney General, State of Nevada, Colorado River Commission of Nevada, of Las Vegas, Nevada, for Third Party Defendant-Appellant Colorado River Commission of Nevada; Jerome C. Muys, Muys & Associates, P.C., of Washington, DC, and N. Gregory Taylor and Diana Mahmud, The Metropolitan Water District of Southern California, of Los Angeles, California, for Third Party Defendant-Appellant The Metropolitan Water District of Southern California; B.G. Andrews, City of Boulder City, Nevada, of Boulder City, Nevada, for Third Party Defendant-Appellant City of Boulder City, Nevada; Vivien C. Ide, Assistant City Attorney, City of Glendale, of Glendale, California, for Third Party Defendant-Appellant City of Glendale, California; Terry B. Stevenson, Senior Assistant City Attorney, City of Burbank, of Burbank, California, for Third Party Defendant-Appellant City of Burbank, California; Frank L. Rhemrev, Senior Deputy City Attorney, City of Pasadena Water & Power Department, of Pasadena, California, for Third Party Defendant-Appellant City of Pasadena.
Before LOURIE, GAJARSA and LINN, Circuit Judges.
United States Court of Appeals, Federal Circuit.
GAJARSA, Circuit Judge.
The United States and seven third-party defendants appeal the decision of the Court of Federal Claims holding that the methodology adopted by the Western Area Power Authority ("Western") to refund excess revenues collected under energy sales contracts was unreasonable, and ordering Western to calculate the appropriate refund to which plaintiffs Southern California Edison ("SCE") and Los Angeles Department of Water and Power ("LADWP") were entitled...
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