Association of Public Agency Customers v. Bonneville Power Administration

ALARCÓN, Circuit Judge,

dissenting:

I respectfully dissent.

In this matter, we must initially determine whether APAC,1 a group whose members are not direct customers of BPA, has standing to challenge the REP-12 Settlement Agreement. BPA and the inter*969vening parties,2 some of whom supply electricity to APAC’s members, contend that APAC’s members lack standing to bring this challenge because they are not direct customers of BPA. APAC counters that it has standing on account of its members’ cost-based pass-through contracts with the COUs.3 I would deny the petition because it is my view that we lack…