M-S-R PUBLIC POWER v. BONNEVILLE POWER ADMIN.

Nos. 99-71536, 99-71537, 99-71545, 00-71724, 01-70433, 01-70469 and 01-70480.

297 F.3d 833 (2002)

M-S-R PUBLIC POWER AGENCY, Petitioner, v. BONNEVILLE POWER ADMINISTRATION, an agency of the United States, Respondent. Columbia Falls Aluminum Company; Goldendale Aluminum Company; Kaiser Aluminum & Chemical Corporation; Northwest Aluminum Company; Reynolds Metals Company, Petitioners, Industrial Customers of Northwest Utilities, Intervenor, v. Bonneville Power Administration, Respondent. Alcoa Inc., Petitioner, v. Bonneville Power Administration, Respondent. M-S-R Public Power Agency, Petitioner, v. Bonneville Power Administration, Respondent. M-S-R Public Power Agency, Petitioner, v. Bonneville Power Administration, Respondent. Alcoa Inc., Petitioner, v. Bonneville Power Administration, Respondent. Columbia Falls Aluminum Company; Goldendale Aluminum Company; Kaiser Aluminum & Chemical Corporation; Northwest Aluminum Company, Petitioners, v. Bonneville Power Administration, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2002.

As Amended August 9, 2002.


Attorney(s) appearing for the Case

Paul M. Murphy, Murphy & Buchal LLP, Portland, OR, for the petitioners.

James D. Pembroke, Duncan, Weinberg, Genzer, & Pembroke, P.C., Washington, DC, for the petitioners.

Richmond F. Allan, Duncan, Weinberg, Genzer, & Pembroke, P.C., Washington, DC, for the petitioners.

William B. Crow, Miller Nash LLP, Portland, OR, for the petitioners.

William H. Walters, Miller Nash LLP, Portland, OR, for the petitioners.

David J. Adler, Special Assistant United States Attorney, District of Oregon, Portland, OR, for the respondent.

Before: TROTT, T.G. NELSON, Circuit Judges, and SHADUR, District Judge.


TROTT, Circuit Judge.

Pursuant to its 1996 Excess Federal Power Policy, the Bonneville Power Administration ("BPA" or "Bonneville") issues annual ten-year forecasts of the amount of "excess federal power" it anticipates will be available for sale to its customers during those years. Among those customers are the Petitioners: M-S-R Public Power Agency ("M-S-R"), a public entity located in California, and several aluminum companies ("Aluminum Companies") located in...

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