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PAC. NW GENERATING COOP v. BONNEVILLE POWER ADMIN.

Nos. 09-70228, 09-70236, 09-70988.

596 F.3d 1065 (2010)

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.

Filed March 2, 2010.

Amended March 2, 2010.

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.

ORDER AMENDING OPINION AND AMENDED OPINION

ORDER

The opinion filed on August 28, 2009, and reported at 580 F.3d 828, is amended. The amended opinion filed concurrently with this order is substituted in its place.

With the filing of the amended opinion, the panel has unanimously voted to deny the petitions for panel rehearing. Judges Fisher and Berzon have voted to deny the petition for rehearing en banc, and Judge...

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