PACIFIC NORTHWEST GENERATING COOPERATIVE; Blachy-Lane County Cooperative Electric Ass.; Central Electric Cooperative Inc.; Clearwater Power Company; Consumers Power Inc.; Coos-Curry Electric Coop., Inc.; Douglas Electric Cooperative; Fall River Rural Electric Cooperative, Inc.; Lane Electric Cooperative Inc.; Lost River Electric Cooperative Inc.; Northern Lights Inc.; Okanogan County Electric Cooperative Inc.; Raft River Rural Electric Cooperative, Inc.; Salmon River Electric Cooperative Inc.; Umatilla Electric; West Oregon Electric Cooperative Inc., Petitioners,
Alcoa, Inc.; Avista Corporation; Puget Sound Energy, Inc.; Pacificorp; Idaho Power Company; Columbia Falls Aluminum Company, LLC, Intervenors,
v.
BONNEVILLE POWER ADMINISTRATION; Dept.of Energy, Respondents.
Public Power Council, Petitioner,
Avista Corporation; Puget Sound Energy, Inc.; Idaho Power Company; Alcoa, Inc.; Columbia Falls Aluminum Company, LLC, Intervenors,
v.
Bonneville Power Administration; Department of Energy, Respondents.
Industrial Customers of Northwest Utilities, Petitioner,
v.
Bonneville Power Administration, Respondent.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted July 7, 2009.
Filed August 28, 2009.
Attorney(s) appearing for the Case
Erick Johnson, Lake Oswego, OR, for petitioner Pacific Northwest Generating Cooperative.
Mark R. Thompson, Portland, OR, for petitioner Public Power Council.
Melinda J. Davison, Irion Sanger, Davison Van Cleve, P.C., Portland, OR, for petitioner Industrial Customers of Northwest Utilities.
Karin J. Immergut, United States Attorney; Stephen J. Odell, Assistant United States Attorney; David J. Adler, J. Courtney Olive, Special Assistant United States Attorneys; Randy A. Roach, General Counsel; Timothy A. Johnson, Assistant General Counsel, Portland, OR, for respondent Bonneville Power Administration.
Michael J. Uda, Doney Crowley Bloomquist Payne Uda P.C., Helena, MT, for intervenor Columbia Falls Aluminum Company.
Michael C. Dotten, Lake Oswego, OR, for intervenor Alcoa Inc.
Jay T. Waldron, William J. Ohle, Sara Kobak, Schwabe Williamson & Wyatt P.C., Portland, OR, for intervenors PacifiCorp et al.
Before: RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges, and BARRY TED MOSKOWITZ, District Judge.
United States Court of Appeals, Ninth Circuit.
BERZON, Circuit Judge:
In Pacific Northwest Generating Coop. v. Dep't of Energy ("PNGC"),550 F.3d 846 (9th Cir.2008), amended on denial of reh'g, No. 05-75638, 2009 WL 2386294 (9th Cir. Aug. 5, 2009), this court held invalid a central provision of a five-year contract between the Bonneville Power Administration ("BPA") and the aluminum company Alcoa, Inc. ("Alcoa"). Less than a month after we issued the PNGC...
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