In re Washington Public Power Supply System

(concurring in Judge Weaver’s dissent) — I concur in the dissenting opinion by Judge Weaver and agree with his reasons for favoring reversal of the trial court’s judgment.

In my opinion, there is an additional reason for reversal.

The decretal portion of the judgment (which is quoted in the dissent) authorized WPPSS to construct either of the two proposed hydroelectric projects on the Snake River outside the boundaries of the state of Washington

“ . . . for which it may be granted the required governmental permits, licenses or authority, and its competency to proceed according to law to procure…