PORTLAND GENERAL ELECTRIC COMPANY; Public Utility District No. 1 of Snohomish County, Washington; Utilities of the Western Public Agencies Group; Northwest Requirements Utilities, Petitioners,
Avista Corporation; Public Generating Pool (PGP); Industrial Customers of Northwest Utilities; the Public Utility Commission of Oregon; Alcoa Inc., Intervenors,
v.
BONNEVILLE POWER ADMINISTRATION; Department of Energy; Judi Johansen, Administrator of the Bonneville Power Administration, Respondents.
Pacificorp; Public Utility District No. 1 of Snohomish County, Washington; Utilities of the Western Public Agencies Group; Northwest Requirements Utilities, Petitioners,
Avista Corporation; Public Power Council; Avista Corporation; The Public Utility Commission of Oregon; Alcoa, Inc., Intervenors,
v.
Bonneville Power Administration, Respondent.
Public Power Council; Public Utility District No. 1 of Snohomish County, Washington; Utilities of the Western Public Agencies Group, Petitioners,
Avista Corporation; Public Generating Pool (PGP); The Public Utility Commission of Oregon; Alcoa, Inc., Intervenors,
v.
United States of America; Bonneville Power Administration, Respondents.
Benton Rural Electric Association; Washington, City of Port; Washington, City of Cheney, Washington, City of Ellenburg; Washington, City of Fircrest; Washington, City of Milton; Washington, Town of Eatonville, Washington, Town of Steilacoom; Washington, Alder Mutual Light Company, Washington, Elmhurst Mutual Power and Light Company; Washington, Lakeview Light and Power Company; Washington, Peninsula Light Company, Washington, Parkland Light and Water Company; Washington, Public Utility District No. 1 of Kittitas County; Washington, Public Utility District No. 1 of Lewis County; Washington, Public Utility District No. 2 of Pacific County, et al.; Fall River Rural Electric Cooperative; Columbia River People's Utility District; Public Utility District No. 1 of Snohomish County, Washington; Utilities of the Western Public Agencies Group; Northwest Requirements Utilities, Petitioners,
Avista Corporation; the Public Utility Commission of Oregon; Alcoa, Inc., Intervenors,
v.
Department of Energy; Bonneville Power Administration, Respondents.
Puget Sound Energy, Inc.; Public Utility District No. 1 of Snohomish County, Washington; Utilities of the Western Public Agencies Group; Northwest Requirements Utilities, Petitioners,
Washington Utilities and Transportation Commission, Intervenor,
v.
U.S. Dept. of Energy; Bonneville Power Administration, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 14, 2005.
Filed May 3, 2007.
Attorney(s) appearing for the Case
Scott G. Seidman, Tonkon Torp LLP, Portland, OR, for petitioner Portland General Electric Company.
Michael A. Goldfarb, Law Offices of Michael A. Goldfarb, Seattle, WA, for petitioner Public Utility District No. 1 of Snohomish County, Washington.
Terence L. Mundorf, Marsh Mundorf Pratt Sullivan & McKenzie PSC, Mill Creek, WA, for petitioner Utilities of the Western Public Agencies Group.
Susan K. Ackerman, Portland, OR, for petitioner Northwest Requirements Utilities.
Mark R. Thompson, Richardson & O'Leary PLLC, Boise, Idaho, for Petitioner Public Power Council.
R. Blair Strong, Paine Hamblen Coffin Brooke & Miller LLP, Spokane, WA, for intervenor Avista Corporation.
Melinda J. Davison and Irion A. Sanger, Davison Van Cleve PC, Portland, OR, for intervenor Industrial Customers of Northwest Utilities.
Kurt R. Casad, Office of United States Attorney, Portland, OR, for respondent Bonneville Power Administration.
Before: STEPHEN REINHARDT, W. FLETCHER, and JAY S. BYBEE, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
BYBEE, Circuit Judge:
Petitioners, publicly owned utilities ("PUDs") operating in the Pacific Northwest,1 and Intervenor Industrial Customers of Northwest Utilities, challenge the actions taken by the Bonneville Power Administration ("BPA") in reaching settlement agreements in 2000 with six investor-owned utilities ("IOUs"). While the statutory and factual background in this appeal is quite complicated, the ultimate issue is relatively...
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