United States Ninth Circuit

A petition for review of a decision of the Bonneville Power Administration (BPA) adopting the Residential Exchange Program Settlement Agreement, which set terms for refunding energy customers who were previously overcharged and set new rate terms for the next seventeen years is denied, where: 1) petitioners, although not direct customers of the BPA, had constitutional and prudential standing to challenge the Settlement; 2) the Settlement complied with the relevant statutory requirements of the Pacific Northwest Electric Power and Conservation Act, the Bonneville Project Act, and regulations of the Federal Energy Regulatory Commission, and with the court's prior decisions on the issue; 3) the Settlement did not improperly bind non-settling parties to the Agreement; and 4) the BPA Administrator's adoption of the Settlement in the Record of Decision was not arbitrary and capricious.

Appellate Information

• Decided 10/28/2013
• Published 10/28/2013

Judges

• PAEZ

Court

• United States Ninth Circuit

Counsel