INDUSTRIAL CUSTOMERS OF NORTHWEST UTILITIES, Petitioner,
v.
BONNEVILLE POWER ADMINISTRATION, Respondent,
Port Townsend Paper Corporation; Avista Corporation; Alcoa Inc.; Idaho Power Company; Puget Sound Energy, Inc; Pacificorp; Portland General Electric Company, Respondents-Intervenors.
Public Power Council, Petitioner,
v.
U.S. Department of Energy; Bonneville Power Administration, Respondents,
Avista Corporation; Alcoa Inc.; Idaho Power Company; Portland General Electric Company, Respondents-Intervenors.
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; Lincoln Electric Cooperative, Inc.; Northern Lights, Inc.; Okanogan County Electric Cooperative, Inc.; Raft River Rural Electric Cooperative, Inc.; Umatilla Electric Cooperative Association; West Oregon Electric Cooperative, Inc., Petitioners,
v.
U.S. Department of Energy; Bonneville Power Administration, Respondents,
Alcoa Inc.; Avista Corporation; Idaho Power Company; Puget Sound Energy, Inc; Pacificorp; Portland General Electric Company, Respondents-Intervenors.
Canby Utility Board, Petitioner,
v.
U.S. Department of Energy; Bonneville Power Administration, Respondents,
Alcoa Inc.; Idaho Power Company; Avista Corporation; Puget Sound Energy, Inc; Pacificorp; Portland General Electric Company, Respondents-Intervenors.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted May 9, 2013.
Filed September 18, 2014.
Attorney(s) appearing for the Case
Melinda J. Davison (argued) and Irion Sanger , Davison Van Cleve, P.C., Portland, OR, for Petitioner Industrial Customers of Northwest Utilities.
Zabyn Towner , Pacific Northern Generating Cooperative, Portland, OR, for Petitioners Pacific Northwest Generating Cooperative and Members.
David F. Doughman , Beery Elsner & Hammond LLP, Portland, OR, for Petitioner Canby Utility Board.
Irene A. Scruggs (argued), Public Power Council, Portland, OR, for Petitioner Power Council.
Opinion by Judge Berzon; Partial Concurrence and Partial Dissent by Judge Reinhardt.
United States Court of Appeals, Ninth Circuit.
OPINION
BERZON, Circuit Judge:
The Bonneville Power Administration ("BPA") is an agency within the Department of Energy that markets the energy output of federal power projects in the Pacific Northwest. In two previous decisions, we invalidated three sets of contractual arrangements in which BPA agreed to subsidize certain longtime industrial customers rather than sell them power directly. See Pac. Nw. Gen. Coop. v. Bonneville Power Admin. ("PNGC...
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