Legal Opinion
Central Electric Cooperative, Inc. v. Bonneville Power Administration, U.S. Department of Energy, and Direct Service Industrial Customers, Intervenors
Court of Appeals for the Ninth Circuit
Decided December 23, 1987No. 85-7242PublishedCited by 20 opinions
1Opinion of the Court
HUG, Circuit Judge:
This case is brought as a direct proceeding under the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. § 839f(e)(5) (1982) (“Regional Act”). Central Electric Cooperative (“CEC”), a utility, claims that Bonneville Power Administration (“BPA”) breached their Residential Purchase and Sale Agreement by refusing to acknowledge a rate increase which would have led to an enhancement of the subsidy BPA is obliged to give under the contract. At issue is whether BPA’s action should be reviewed in the context of contract law or administrative law; the latter…
2Cases cited4 opinions
- Honeywell Inc. v. United StatesUnited States Court of Claims · 1981
- Department of Water and Power of the City of Los Angeles v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1985
- Pacificorp v. Federal Energy Regulatory Commission, and Atlantic Richfield Co., IntervenorsCourt of Appeals for the Ninth Circuit · 1986
- C. J. Peck Oil Co. v. Diamond, by BondCourt of Appeals for the Fifth Circuit · 1953
3Cited by20 opinions
- Portland General Electric Co. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2007
- Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012
- Herrera v. US Citizenship and Immigration ServicesCourt of Appeals for the Ninth Circuit · 2009
- Pacific Northwest Generating Cooperative v. Dept. of EnergyCourt of Appeals for the Ninth Circuit · 2009
- Puget Sound Power & Light Co. v. United StatesUnited States Court of Claims · 1991
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