Legal Opinion

Pacific Northwest Generating Cooperative v. Bonneville Power Administration

Court of Appeals for the Ninth Circuit

Decided September 9, 2009No. 09-70228, 09-70236, 09-70988PublishedCited by 5 opinions

1Opinion of the Court

BERZON, Circuit Judge:

In Pacific Northwest Generating Coop. v. Dep’t of Energy (“PNGC”), 550 F.3d 846 (9th Cir.2008), amended on denial of reh’g, No. 05-75638, 2009 WL 2386294 (9th Cir. Aug.5, 2009), this court held invalid a central provision of a five-year contract between the Bonneville Power Administration (“BPA”) and the aluminum company Alcoa, Inc. (“Alcoa”). Less than a month after we issued the PNGC opinion, BPA announced that it and Alcoa had agreed to an amended version of the invalidated provision that would govern the nine-month period ending September 30, 2009 (the original…

2Cases cited19 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Heckler v. ChaneySupreme Court of the United States · 1985
  3. Webster v. DoeSupreme Court of the United States · 1988
  4. Brehm v. EisnerSupreme Court of Delaware · 2000
  5. Morgan Stanley Capital Group Inc. v. Public Util. Dist. No. 1 of Snohomish Cty.Supreme Court of the United States · 2008

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3Cited by5 opinions

  1. Pacific Northwest Generating Cooperative v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2010
  2. In re PersaudUnited States Bankruptcy Court, E.D. New York · 2012
  3. Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012
  4. Alcoa, Inc. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2012
  5. Pacific Northwest Generating C v. BpaCourt of Appeals for the Ninth Circuit · 2010

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