United States v. Basin Electric Power Cooperative

LAY, Circuit Judge.

PART I. INTRODUCTION

Basin Electric Power Cooperative (“Basin”), located in North Dakota, was organized to build power plants and provide power for its members. In the late 1970s and early 1980s, Basin constructed the Antelope Valley Station (“AVS facility”) in North Dakota, which is the subject of this litigation. The AVS facility includes three separate parts: two power stations (“AVS I” and “AVS II”), and a set of common facilities designed to provide service to both AVS I and AVS II.

This litigation stems from a contract (the “Basin-WAPA contract”) between Basin and…