INDUSTRIAL CUSTOMERS OF NORTHWEST UTILITIES; Benton Rural Electric Association; Columbia-Snake River Irrigators Association; Umatilla Electric; Eastern Oregon Irrigators Association, Petitioners,
Puget Sound Energy; Avista Corporation; Pacific Northwest Generating Company (PNGC); Public Utility District No. 1 of Snohomish County, Washington, Petitioner-Intervenor,
v.
BONNEVILLE POWER ADMINISTRATION, Respondent,
Pacificorp; Portland General Electric Company, Respondent-Intervenor.
Public Utility District No. 1 of Benton County; Public Utility District No. 1 of Cowlitz County; Public Utility District No. 1 of Franklin County; Public Utility District No. 2 of Grant County; Public Utility District No. 1 of Grays Harbor County; Public Utility District No. 1 of Pendoreille County; The City of Seattle; Seattle City Light Department (Generating Public Utilities); Public Power Council, Petitioners,
Pacific Northwest Generating Company (PNGC); Puget Sound Energy; Avista Corporation; Public Utility District No. 1 of Snohomish County, Washington, Petitioner-Intervenor,
v.
Bonneville Power Administration, Respondent,
Pacificorp; Portland General Electric Company, Respondent-Intervenor.
Alcoa, Inc., Petitioner,
Pacific Northwest Generating Company (PNGC); Puget Sound Energy; Avista Corporation; Public Utility District No. 1 of Snohomish County, Washington, Petitioner-Intervenor,
v.
Bonneville Power Administration, Respondent,
Pacificorp; Portland General Electric Company, Respondent-Intervenor.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 7, 2004.
Filed May 24, 2005.
Attorney(s) appearing for the Case
Michael B. Early, Portland, OR, for petitioner Alcoa Inc.
Melinda J. Davison, Irion A. Sanger, Davison Van Cleve, Portland, OR, for petitioners Industrial Customers of Northwest Utilities, Benton Rural Electric Association, Columbia-Snake River Irrigators Association, Umatilla Electric, Eastern Oregon Irrigators Association.
Denise Peterson, Portland, OR, for petitioner Public Power Council.
Raymond S. Kindley, Schwabe, Williamson & Wyatt, Portland, OR, for petitioners Public Utility District No. 1 of Benton County, Public Utility District No. 1 of Cowlitz County, Public Utility District No. 1 of Franklin County, Public Utility District No. 2 of Grant County, Public Utility District No. 1 of Grays Harbor County, Public Utility District No. 1 of Pendoreille County, the City of Seattle, Seattle City Light Department.
Michael J. Gianunzio, Eric Lee Christensen, Everett, WA, for petitioner Public Utility District No. 1 of Snohomish County, Washington.
Gary A. Dahlke, R. Blair Strong, Paine, Hamblen, Coffin, Brooke, & Miller, LLP, Spokane, WA, for petitioner-intervenor Avista Corporation.
R. Erick Johnson, Portland, OR, for petitioner-intervenor Pacific Northwest Generating Company.
Kirstin S. Dodge, Perkins Coie, LLP, Bellevue, WA, for petitioner-intervenor Puget Sound Energy.
Eric Lee Christensen, Michael J. Gianunzio, Everett, WA, for petitioner-intervenor Public Utility District No. 1 of Snohomish County, Washington.
Randy A. Roach, Marybeth Van Buren, Karin J. Immergut, United States Attorney, District of Oregon, Stephen J. Odell, Assistant U.S. Attorney, Kurt R. Casad, Special Assistant U.S. Attorney, Portland, OR, for respondent Bonneville Power Administration.
Marcus Wood, Stephen C. Hall, Stoel Rives LLP, Portland, OR, for respondent-intervenor Pacificorp.
Loretta Mabinton, Portland, OR, for respondent-intervenor Portland General Electric Company.
Before: D.W. NELSON, THOMAS, Circuit Judges, and EZRA, District Judge.
United States Court of Appeals, Ninth Circuit.
THOMAS, Circuit Judge.
This consolidated appeal presents the question, inter alia, of whether the Bonneville Power Administration ("BPA") determination to commence a rate hearing to decide whether the BPA should impose Safety-Net Cost Recovery Adjustment Charges is a final agency decision subject to judicial review. We conclude that it is not and dismiss the petitions for review for lack of jurisdiction.
I
The BPA is a federal agency within...
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