Legal Opinion

Public Utility District No. 1 v. Bonneville Power Administration

Court of Appeals for the Ninth Circuit

Decided October 11, 2007No. 04-72047Published

1Opinion of the Court

MEMORANDUM *

Petitioners ask us to review BPA’s decision to implement a provision of the 2001 Load Reduction Agreement BPA entered into with PacifiCorp and Puget Sound Energy (“PSE”). The controversy concerns a “Reduction of Risk Discount” provision, which Petitioners term a “litigation penalty.” The details of the provision are discussed in our opinion, Public Util. Dist. No. 1 of Snohomish County v. BPA, 506 F.3d 1145 (9th Cir.2007), filed concurrently with this memorandum, and we do not repeat them here.

Under the Northwest Power Act, we have “original subject matter jurisdiction over BPA’s…

2Cases cited6 opinions

Bennett v. SpearSupreme Court of the United States · 1997
Portland General Electric Co. v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2007
Philip Yuk Yu MA, Plaintiff-Appellee, v. Janet RENO, Attorney General of the United States, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1997
Puget Sound Energy, Inc., a Washington Corporation v. United States of America Administration, Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2002
Public Utility District No. 1 of Snohomish County v. Bonneville Power AdministrationCourt of Appeals for the Ninth Circuit · 2007

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