Electric Lightwave, Inc. v. Richardson

OPINION AND ORDER

HAGGERTY, District Judge.

Plaintiff Electric Lightwave (“ELI”) brought this action to compel arbitration pursuant to the terms of its contract with the Bonneville Power Administration (“BPA”), an agency of the United States Department of Energy. ELI leased fiber optic cables owned by the BPA, and § 8 of that agreement contains performance requirements ELI must meet in order to maintain its exclusive rights. In February 1999 the BPA concluded that ELI had not met those criteria and declared its rights nonexclusive, cutting ELI’s access to the cable fibers it had not yet begun…