Power v. Washington Water Power Co.

(dissenting) — Once again, this case comes before this court — and, once again, a majority of its members ignore the clear intent contained in the alternative means requirement of 16 U.S.C. § 2632(b) (Supp. 4, 1980). The majority thus denies a consumer group, whose actions "substantially contributed to the outcome in this proceeding", their rightful fees. With this result, I disagreed in Power v. Washington Water Power Co., 99 Wn.2d 289, 662 P.2d 374 (1983) and, with this result, I disagree now.

Although I do not intend to repeat my entire dissent in Power here, I must point out the two areas…