Legal Opinion

Aluminum Co. of America v. Bonneville Power Administration

Court of Appeals for the Ninth Circuit

Decided December 11, 1989No. Nos. 87-7303, 87-7308 and 87-7313PublishedCited by 13 opinions

1Opinion of the Court

LEAVY, Circuit Judge:

OVERVIEW

These consolidated cases challenge the first nonfirm energy rates that the Bonneville Power Administration (BPA) established, and the Federal Energy Regulatory Commission (FERC) approved, under section 7(k) of the Pacific Northwest Electric Power Planning and Conservation Act (the Regional Act), 16 U.S.C. § 839e(k) (1982).1 Nonfirm power is energy in excess of firm power, and is provided only when such excess exists. The challenged rates, schedules NF-1 and NF-2, were effective from July 1, 1981, through September 30, 1982, and from October 1, 1982, through…

2Cases cited15 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Warth v. SeldinSupreme Court of the United States · 1975
  3. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  4. Sierra Club v. MortonSupreme Court of the United States · 1972
  5. Morton v. RuizSupreme Court of the United States · 1974

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3Cited by13 opinions

  1. Sandra Peters v. Aetna IncorporatedCourt of Appeals for the Fourth Circuit · 2021
  2. Puget Sound Power & Light Co. v. United StatesUnited States Court of Claims · 1991
  3. RUIZ-ROMEROBoard of Immigration Appeals · 1999
  4. Aluminum Company of America Arco Metals Company Columbia Falls Aluminum Company, Association of Public Agency Customers, Petitioner-Intervenor v. Bonneville Power Administration Federal Energy Regulatory Commission Portland General Electric Company Puget Sound Power & Light Company Public Generating Pool (Pgp), Respondents-Intervenors. California Energy Commission v. Bonneville Power Administration Federal Energy Regulatory Commission, Public Utilities Commission of the State of California Southern California Edison Company Pacific Gas and Electric Company San Diego Gas & Electric Company Department of Water and Power of the City of Los Angeles v. Bonneville Power Administration Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1990
  5. Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012

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