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PUBLIC POWER COUNCIL v. BONNEVILLE POWER ADMINISTRATION

Nos. 04-73240, 04-73939, 04-73952, 04-73934.

442 F.3d 1204 (2006)

PUBLIC POWER COUNCIL, INC., Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent, Portland General Electric Company, Intervenor. Canby Utility Board, Petitioner, Portland General Electric Company, Intervenor, v. Bonneville Power Administration, Respondent. Alcoa Incorporated, Petitioner, Portland General Electric Company, Intervenor, v. Bonneville Power Administration, Respondent. Industrial Customers of Northwest Utilities; Benton Rural Electric Association; Columbia-Snake River Irrigators Association, Petitioners, v. Bonneville Power Administration, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed April 4, 2006.

Attorney(s) appearing for the Case

Nancy Baker and Mark R. Thompson, Portland, OR, for Public Power Council.

Paul M. Murphy, Murphy & Buchal LLP, Portland, OR, for Canby Utility Board.

William H. Walters, Miller Nash LLP, Portland, OR, for Alcoa Incorporated.

Melinda J. Davison, Davison Van Cleeve, PC, Portland, OR, for Industrial Customers of Northwest Utilities, Benton Rural Electric Association, and Columbia-Snake River Irrigators Association, Michael J. Gianunzio, Everett, WA, for Public Utility District No. 1 of Snohomish County, Washington.

Kurt R. Casad, Special Assistant U.S. Attorney, Portland, OR, for Bonneville Power Administration.

Loretta Mabinton, Assistant General Counsel, Portland, OR, for Portland General Electric Company; Gary Dahlke, Paine, Hamblen, Coffin, Brooke & Miller LLP, Spokane, WA, for Avista Corporation; James R. Thompson, Boise, ID, for Idaho Power Company; W. Wayne Harper, Butte, Montana, NorthWestern Energy; Stephen C. Hall, Stoel Rives LLP, Portland, OR, for PacifiCorp; Kirstin S. Dodge, Perkins Coie LLP, Bellevue, WA, for Puget Sound Energy, Inc., intervenors.

Before FERNANDEZ, TASHIMA, and PAEZ, Circuit Judges.

FERNANDEZ, Circuit Judge.

Public Power Council, Inc., and others (collectively PPC) petition for a review of the decision of the Bonneville Power Administration (BPA) to trigger the Safety-Net Cost Recovery Adjustment Clause (SN CRAC) portion of its General Rate Schedule Provisions (GRSPs), as a result of which a rate setting proceeding took place. Canby Utility Board also petitions for a review on the basis that because it had a special contract with BPA, its rates...

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