ALCOA, INC., Petitioner,
Pacific Northwest Generating Cooperative and Members; Public Power Council; Avista Corporation; Idaho Power Company; Pacificorp; Portland General Electric Company; Public Utility Commission of Oregon; Puget Sound Energy, Inc., Intervenors,
v.
BONNEVILLE POWER ADMINISTRATION; U.S. Department of Energy, Respondents.
Canby Utility Board, Petitioner,
Alcoa, Inc., Intervenor,
v.
Bonneville Power Administration, Respondent.
Public Power Council, Petitioner,
Alcoa, Inc., Intervenor,
v.
Bonneville Power Administration; U.S. Department of Energy, Respondents.
Industrial Customers of Northwest Utilities, Petitioner,
Alcoa, Inc., Intervenor,
v.
Bonneville Power Administration, Respondent.
Northwest Requirements Utilities, Petitioner,
Alcoa, Inc., Intervenor,
v.
U.S. Department of Energy; Bonneville Power Administration, Respondents.
Pacific Northwest Generating Cooperative; Blachly-Lane County Cooperative Electric Association; Central Electric Cooperative, Inc.; Clearwater Power Company; Consumers Power, Inc.; Coos-Curry Electric Cooperative, Inc.; Douglas Electric Cooperative; Fall River Rural Electric Cooperative, Inc.; Lane Electric Cooperative; Northern Lights, Inc.; Okanogan County Electric Cooperative, Inc.; Raft River Rural Electric Cooperative, Inc.; Umatilla Electric Cooperative Association; West Oregon Electric Cooperative, Inc., Petitioners,
Alcoa, Inc., Petitioner-Intervenor,
Alcoa, Inc., Intervenor,
v.
U.S. Department of Energy; Bonneville Power Administration, Respondents.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Jay T. Waldron , Schwabe, Williamson & Wyatt, Portland, OR, on behalf of respondent-intervenors Avista Corporation, Idaho Power Company, Pacificorp, Portland General Electric Company, and Puget Sound Energy, Inc.
Opinion by Judge IKUTA; Concurrence by Judge TASHIMA; Partial Concurrence and Partial Dissent by Judge BEA.
United States Court of Appeals, Ninth Circuit.
OPINION
IKUTA, Circuit Judge:
These consolidated petitions for review challenge a contract between the Bonneville Power Administration (BPA) and one of its long-time customers, Alcoa Inc. BPA's preference customers, as well as other entities and organizations in the Pacific Northwest, filed this petition for review, requesting that we hold that the contract is unlawful because it is inconsistent with the agency's statutory mandate to act in accordance with...
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