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CITIES OF BURBANK, GLENDALE AND PASADENA v. BODMAN

No. 05-1512.

464 F.3d 1280 (2006)

CITIES OF BURBANK, GLENDALE AND PASADENA, CALIFORNIA, Appellants, v. Samuel W. BODMAN, Secretary of Energy, Appellee.

United States Court of Appeals, Federal Circuit.

August 30, 2006.

Attorney(s) appearing for the Case

John P. Williams, Duncan & Allen, of Washington, DC, argued for appellants. With him on the brief was Helene de Neuville Pangas. Of counsel on the brief were Dennis A. Barlow, City Attorney and Terry B. Stevenson, Senior Assistant City Attorney, for the City of Burbank, California; Scott H. Howard, City Attorney and Steven G. Lins, Senior Assistant City Attorney, for the City of Glendale, California; and Michele Beal Bagneris, City Attorney and Scott D. Rasmussen, Assistant City Attorney, for the City of Pasadena, California.

Kenneth M. Dintzer, Senior Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General and David M. Cohen, Director.

Before NEWMAN, RADER, and GAJARSA, Circuit Judges.

RADER, Circuit Judge.

The Department of Energy Board of Contract Appeals (Board) denied claims by the cities of Burbank, Glendale, and Pasadena, California (the Cities) asserting that the Bonneville Power Administration (BPA) miscalculated the rate it charged them for power under various contracts. Cities of Burbank, Glendale, & Pasadena, Cal., EBCA Nos. C-030364-66, slip op. (Apr. 14, 2005) (Board Decision). Because

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