Pacific Gas & Electric Co. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Senior Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Senior Circuit Judge:

Pacific Gas and Electric Co. disputes the meaning of two agreements between it and Western Area Power Administration, a federal entity that operates hydroelectric projects in the West. The agreements (a contract and an amendment to the contract) provide “load shaping” for Western, i.e., give it access to PG&E’s non-hydro power to balance Western’s hydro supplies and enable it to offer customers firm service; and they give PG&E access to Western’s excess hydro power at prices lower…