Bpa

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 series of dams along the Columbia River in Oregon and Washington. 16 U.S.C. §§ 832 -832m. Congress has since expanded the BP As mandate to include marketing authority over nearly all the electric power generated by federal facilities in the Pacific Northwest. Id. § 838f. The BPA is charged with oversight of the federal high-voltage transmission system used to deliver power generated at a federally owned and operated facility, as well as non-federal power to its customers. Id. § 838b. It owns and operates approximately eighty percent of the Pacific Northwest’s high-voltage transmission system and markets…