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ALLIANT ENERGY v. NEBRASKA PUBLIC POWER

No. 01-3782.

347 F.3d 1046 (2003)

ALLIANT ENERGY; Aquila Power; Basin Electric Power Cooperative; British Columbia Hydropower Exchange; Citizen Power Sales, LLC; Dairyland Power Cooperative; GYNSYS Energy; Great River Energy; Kansas City Power & Light Company; Lincoln Electric System; Mid American Energy Company; Minnesota Municipal Power Agency; Minnesota Power, Inc.; Minnkota Power Cooperative; Northern States Power Company; Omaha Public Power District; Otter Tail Power Company; Rainbow Energy Marketing; Southern Minnesota Municipal Power Agency; St. Joseph Light & Power; Sunflower Electric Power Corporation; Tenaska Power Services Company; Utilicorp United, Inc.; Wisconsin Public Power, Inc., Plaintiffs — Appellees, United States of America, on behalf of the Western Area Power Administration, Department of Energy, Intervenor Plaintiffs — Appellee, v. NEBRASKA PUBLIC POWER DISTRICT, a public corporation and political subdivision of the State of Nebraska, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 24, 2003.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was R. Dennis Wright, Kansas City, MO. Additional attorneys appearing on the brief were Frank J. Walz and Caryn Scherb Glover.

Counsel who presented argument on behalf of the appellee United States was C. Max Vassanelli, Washington, D.C. Additional attorney appearing on the brief was Robert Greenspan. Counsel who presented argument for appellees Alliant Energy, et al was Michael C. Krikava, Minneapolis, MN. Additional attorney appealing on the brief was Julie H. Firestone.

Before HANSEN, Chief Judge, MORRIS SHEPPARD ARNOLD, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Members of the Mid-Continent Area Power Pool ("MAPP") and the Western Area Power Administration ("WAPA") sued the Nebraska Public Power District ("NPPD") for breach of contract. NPPD-also a MAPP member-collected fees from its customers under a special provision of the MAPP contract (the "Restated Agreement"). Other MAPP members collected similar charges from their customers. Later, the Federal Energy Regulatory Commission ("FERC") declared some...

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