PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, WASHINGTON, Petitioner,
The Washington Utilities and Transportation Commission (WUTC); Portland General Electric Company, Intervenors,
v.
BONNEVILLE POWER ADMINISTRATION, Respondent,
Avista Corporation; Idaho Power Company; PacifiCorp; Portland General Electric Company and Puget Sound Energy, Inc., Applicant-Intervenor.
Canby Utility Board, Petitioner,
Public Utility Districts of Clallam, Grays Harbor, and Kittitas Counties; Public Utility Districts No. 1 and 3 of Mason County, Washington, Intervenors,
v.
Bonneville Power Administration, Respondent,
Avista Corporation; PacifiCorp; Portland General Electric Company; Puget Sound Energy, Intervenors.
Alcoa, Inc., Petitioner,
v.
Bonneville Power Administration, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 14, 2005.
Filed October 11, 2007.
Attorney(s) appearing for the Case
Paul M. Murphy, Murphy & Buchal, Portland, OR, for petitioner Canby Utility Board.
John H. Hammond & Matthew J. Michel, Beery, Elsner & Hammond, Portland, OR, for petitioner Canby Utility Board.
Daniel Seligman, Seattle, WA, for petitioner Canby Utility Board.
Michael A. Goldfarb, Law Offices of Michael A. Goldfarb, Seattle, WA, for petitioner Public Utility District No. 1 of Snohomish County.
Terence L. Mundorf, Marsh Mundorf Pratt Sullivan & McKenzie, Mill Creek, WA, for petitioners Public Utility Districts No. 1 of Clallam, Grays Harbor, Kittitas and Mason Counties and petitioner Public Utility District No. 3 of Mason County.
Randy Roach & Timothy A. Johnson, Bonneville Power Administration, Portland, OR, for respondent Bonneville Power Administration.
Karin J. Immergut, Stephen J. Odell, David J. Adler & Kurt R. Casad, United States Attorney's Office, Portland, OR, for respondent Bonneville Power Administration.
R. Blair Strong, Paine Hamblen, Spokane, WA, for respondent-intervenor Avista Corporation.
Michael G. Andrea, Avista Corporation, Spokane, WA, for respondent-intervenor Avista Corporation.
Marcus A. Wood & Stephen C. Hall, Stoel Rives, Portland, OR, for respondent-intervenor PacifiCorp. Scott G. Seidman & David F. White, Tonkon Torp, Portland, OR, for respondent-intervenor Portland General Electric Company.
Donald G. Kari & Sheree Strom Carson, Perkins Coie, Bellevue, WA, for respondent-intervenor Puget Sound Energy, Inc.
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 Northwest1 challenge contract amendments entered into in May 2004 (collectively "2004 Amendments") between the Bonneville Power Administration ("BPA") and several investor-owned utilities ("IOUs") arguing that they violate provisions of the Northwest Power Act ("NWPA"). The amendments at issue modify various provisions of several "REP Settlement...
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