Legal Opinion
Industrial Customers of Northwest Utilities v. Bonneville Power Administration
Court of Appeals for the Ninth Circuit
Decided May 24, 2005No. 03-71626, 03-71894, 03-71931PublishedCited by 2 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
This consolidated appeal presents the question, inter alia, of whether the Bonneville Power Administration (“BPA”) determination to commence a rate hearing to decide whether the BPA should impose Safety-Net Cost Recovery Adjustment Charges is a final agency decision subject to judicial review. We conclude that it is not and dismiss the petitions for review for lack of jurisdiction.
I
The BPA is a federal agency within the United States Department of Energy created by Congress in 1937 to market hydroelectric power generated by the Federal Columbia River Power System, a…
2Cases cited11 opinions
- Bennett v. SpearSupreme Court of the United States · 1997
- Franklin v. MassachusettsSupreme Court of the United States · 1992
- Federal Trade Commission v. Standard Oil Co.Supreme Court of the United States · 1980
- Darby v. CisnerosSupreme Court of the United States · 1993
- Idaho Watersheds Project v. HahnCourt of Appeals for the Ninth Circuit · 2002
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3Cited by2 opinions
- Industrial Customers of Northwest Utilities Benton Rural Electric Association Columbia-Snake River Irrigators Association Umatilla Electric Eastern Oregon Irrigators Association, Puget Sound Energy Avista Corporation Pacific Northwest Generating Company (Pngc) Public Utility District No. 1 of Snohomish County, Washington, Petitioner-Intervenor v. Bonneville Power Administration, Pacificorp Portland General Electric Company, Respondent-Intervenor. Public Utility District No. 1 of Benton County Public Utility District No. 1 of Cowlitz County Public Utility District No. 1 of Franklin County Public Utility District No. 2 of Grant County Public Utility District No. 1 of Grays Harbor County Public Utility District No. 1 of Pendoreille County the City of Seattle Seattle City Light Department (Generating Public Utilities) Public Power Council, Pacific Northwest Generating Company (Pngc) Puget Sound Energy Avista Corporation Public Utility District No. 1 of Snohomish County, Washington, Petitioner-Intervenor v. Bonneville Power Administration, Pacificorp Portland General Electric Company, Respondent-Intervenor. Alcoa, Inc., Pacific Northwest Generating Company (Pngc) Puget Sound Energy Avista Corporation Public Utility District No. 1 of Snohomish County, Washington, Petitioner-Intervenor v. Bonneville Power Administration, Pacificorp Portland General Electric Company, Respondent-IntervenorCourt of Appeals for the Ninth Circuit · 2005
- Jack Solomon v. Judy Goffman CutlerCourt of Appeals for the Ninth Circuit · 2012