Legal Opinion
Industrial Customers of Northwest Utilities v. Bonneville Power Administration
Court of Appeals for the Ninth Circuit
Decided September 18, 2014No. Nos. 11-71368, 11-71396, 11-71401, 11-71419PublishedCited by 5 opinions
1Opinion of the Court
Opinion by Judge BERZON; Partial Concurrence and Partial Dissent by Judge REINHARDT.
OPINION BERZON, Circuit Judge:
The Bonneville Power Administration (“BPA”) is an agency within the Department of Energy that markets the energy output of federal power projects in the Pacific Northwest. In two previous decisions, we invalidated three sets of contractual arrangements in which BPA agreed to subsidize certain longtime industrial customers rather than sell them power directly. See Pac. Nw. Gen. Coop. v. Bonneville Power Admin. (“PNGC II”), 596 F.3d 1065 (9th Cir.2010); Pac. Nw. Gen. Coop. v. Dep’t…
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