Legal Opinion

California Energy Resources Conservation and Development Commission v. Bonneville Power Administration

Court of Appeals for the Ninth Circuit

Decided March 4, 1985No. 83-7181PublishedCited by 29 opinions

1Opinion of the Court

Sneed, Circuit Judge:

Petitioner California Energy Resources Conservation and Development Commission (CEC) challenges transactions between the Bonneville Power Administration (BPA) and two northwest electric utilities that took place in 1983. Petitioner seeks a declaratory judgment that the transactions constituted a sale of electric power by BPA at a rate below that authorized by the established rate structure, and that BPA was therefore required to undertake statutorily-mandated ratemaking proceedings before entering into the transactions.

We find that, under the circumstances of this case,…

2Cases cited4 opinions

  1. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  2. Gulf States Utilities Co. v. Federal Power CommissionSupreme Court of the United States · 1973
  3. Joseph B. Williams and Leo Bazille v. Joseph L. AliotoCourt of Appeals for the Ninth Circuit · 1977
  4. Portland General Electric Company v. Peter Johnson, Administrator of the Bonneville Power Administration, Intalco Aluminum Corporation, IntervenorsCourt of Appeals for the Ninth Circuit · 1985

3Cited by29 opinions

  1. Sample v. JohnsonCourt of Appeals for the Ninth Circuit · 1985
  2. Sample v. JohnsonCourt of Appeals for the Ninth Circuit · 1985
  3. Public Utility Commissioner Of Oregon v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1985
  4. Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012
  5. Department of Water and Power of the City of Los Angeles v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 1985

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