NEBRASKA PUBLIC POWER DIST. v. U.S.

Attorney(s) appearing for the Case

Jay E. Silberg, Pillsbury Winthrop Shaw Pittman LLP, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Alex D. Tomaszczuk, Daniel S. Herzfeld, and Jack Y. Chu, of McLean, VA.

Harold D. Lester, Jr., Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Alan J. Lo Re, Assistant Director, and Andrew P. Averbach and Christopher J. Carney, Trial Attorneys. Of counsel was Jane K. Taylor, Attorney, United States Department of Energy, of Washington, DC.

Brad Fagg, Morgan, Lewis & Bockius LLP, of Washington, DC, for amici curiae Arizona Public Service Company, et al. With him on the brief were M. Stanford Blanton, Balch & Bingham LLP, of Birmingham, AL, for Southern Nuclear Operating Company, et al.; David A. Churchill, Jenner & Block LLP, of Washington, DC, for Consolidated Edison of New York, Inc.; Richard James Conway, Dickstein Shapiro LLP, of Washington, DC, for Boston Edison Company; Norman M. Hirsch, Jenner & Block, LLP, of Chicago, IL, for Energy Northwest; Richard W. Oehler, Perkins Coie LLP, of Seattle, WA, for Wisconsin Electric Power Company; and Jerry Stouck and Robert Shapiro, Greenberg Traurig, LLP, of Washington, DC, for Yankee Atomic Energy Company, et al.

James Bradford Ramsay, National Association of Regulatory Utility Commissioners, of Washington, DC, for amicus curiae The National Association of Regulatory Utility Commissioners.

Opinion for the court filed by Circuit Judge BRYSON, in which Chief Judge MICHEL and Circuit Judges NEWMAN, MAYER, LOURIE, RADER, SCHALL, LINN, DYK, PROST, and MOORE join. Concurring opinion filed by Circuit Judge DYK, in which Circuit Judge LINN joins. Dissenting opinion filed by Circuit Judge GAJARSA.