ALCOA, INC. v. BONNEVILLE POWER ADMIN.

Nos. 10-70211, 10-70707, 10-70743, 10-70782, 10-70813, 10-70843.

698 F.3d 774 (2012)

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.

Filed October 16, 2012.


Attorney(s) appearing for the Case

Michael C. Dotten and Dustin T. Till , Marten Law Group, Portland, OR, for petitioner-intervenor Alcoa, Inc.

R. Erick Johnson , R. Erick Johnson, PC, Lake Oswego, OR, for petitioners Pacific Northwest Generating Cooperative et al.

Melinda J. Davidson and Irion Sanger , Davidson Van Cleve, PC, Portland, OR, for petitioner Industrial Customers of Northwest Utilities.

Mark R. Thompson , Public Power Council, Portland, OR, for petitioner Public Power Council.

Betsy Bridge , Law Office of Betsy Bridge, LLC, Portland, OR, for petitioner Northwest Requirements Utilities.

Daniel Seligman , Seattle, WA; David Doughman , Beery, Elsner & Hammond, LLC, Portland, OR, for petitioner Canby Utility Board.

David J. Adler and J. Courtney Olive , Special Assistant U.S. Attorneys, Portland, OR, Randy A. Roach , Timothy A. Johnson , Herbert V. Adams and John D. Wright , Bonneville Power Administration, Portland, OR, for respondent Bonneville Power Administration.

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.


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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