Alliant Energy v. Nebraska Public Power District

SMITH, Circuit Judge.

Members of the Mid-Continent Area Power Pool (“MAPP”) and the Western Area Power Administration (“WAPA”) sued the Nebraska Public Power District (“NPPD”) for breach of contract. NPPD-also a MAPP member-collected fees from its customers under a special provision of the MAPP contract (the “Restated Agreement”). Other MAPP members collected similar charges from their customers. Later, the Federal Energy Regulatory Commission (“FERC”) declared some of these fees discriminatory and ordered MAPP members to make refunds. Appellees made refunds, but NPPD refused to do so. This…