United States Ninth Circuit

In an action brought by publicly owned utilities and intervenor challenging the actions taken by the Bonneville Power Administration (BPA) in reaching settlement agreements with six investor-owned utilities, petitions for review of the agreements are granted where: 1) the BPA's authority to settle out of power contracts is bound by the power exchange requirements of the Northwest Power Act (NWPA); and 2) the BPA exercised its settlement authority contrary to those requirements.

Appellate Information

• Argued 11/14/2005
• Decided 05/03/2007
• Published 05/03/2007

Judges

• BYBEE, Circuit Judge:, Before:  STEPHEN REINHARDT, W. FLETCHER, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Scott G. Seidman, Tonkon Torp LLP, Portland, OR, for petitioner Portland General Electric Company., Michael A. Goldfarb, Law Offices of Michael A. Goldfarb, Seattle, WA, for petitioner Public Utility District No. 1 of Snohomish County, Washington., Terence L. Mundorf, Marsh Mundorf Pratt Sullivan & McKenzie PSC, Mill Creek, WA, for petitioner Utilities of the Western Public Agencies Group., Susan K. Ackerman, Portland, OR, for petitioner Northwest Requirements Utilities., Mark R. Thompson, Richardson & O'Leary PLLC, Boise, Idaho, for Petitioner Public Power Council., R. Blair Strong, Paine Hamblen Coffin Brooke & Miller LLP, Spokane, WA, for intervenor Avista Corporation., Melinda J. Davison and Irion A. Sanger, Davison Van Cleve PC, Portland, OR, for intervenor Industrial Customers of Northwest Utilities.


• For Appellees:
  
• Kurt R. Casad, Office of United States Attorney, Portland, OR, for respondent Bonneville Power Administration.