Apac

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ASSOCIATION OF PUBLIC AGENCY No. 11-73178

CUSTOMERS,

Petitioner,

OPINION

v.

BONNEVILLE POWER

ADMINISTRATION,

Respondent,

CITIZENS UTILITY BOARD OF

OREGON; EUGENE WATER &

ELECTRIC BOARD; IDAHO POWER

COMPANY; NORTHWEST

REQUIREMENTS UTILITIES; PUGET

SOUND ENERGY, INC.; PACIFICORP;

PACIFIC NORTHWEST GENERATING

COOPERATIVE; PUBLIC POWER

COUNCIL; PUBLIC UTILITY

COMMISSION OF OREGON; PUBLIC

UTILITY DISTRICT NO. 1 OF COWLITZ

COUNTY, WASHINGTON; PUBLIC

UTILITY DISTRICT NO.1 OF

SNOHOMISH COUNTY, WASHINGTON;

PUBLIC UTILITY DISTRICT NO. 1 OF

BENTON COUNTY, WASHINGTON;

THE CITY OF SEATTLE,

Respondents-Intervenors. On Petition for Review of an Order of the Bonneville Power Administration

Argued and Submitted February 19, 2013—Portland, Oregon

Filed October 28, 2013

Before: Arthur L. Alarcón, Stephen S. Trott, and Richard A. Paez, Circuit Judges.

Opinion by Judge Paez; Dissent by Judge Alarcón

SUMMARY*

Bonneville Power Administration

The panel denied a petition for review of a decision of the Bonneville Power Administration adopting the Residential Exchange Program…