California Energy Resources Conservation and Development Commission v. Peter Johnson, Administrator of the Bonneville Power Administration

ORDER

This matter comes before the court on the complaint of the California Energy Resources Conservation and Development Commission (CEC) seeking review of the decision of the Bonneville Power Administration (BPA) hearing officer (ALJ) denying the CEC’s petition to intervene as a party in the 1982 Wholesale Power Rate Adjustments proceedings. CEC requests a temporary restraining order and preliminary injunction staying further conduct of those proceedings until CEC is permitted to intervene as a party pending this court’s resolution of the issue. The BPA has moved to dismiss CEC’s complaint and opposes CEC’s motions.

The parties have submitted briefs and presented oral arguments. Because we believe that an expedited decision is important to the conduct of the pending rate proceedings, the court at this time holds, as follows:

(1) This court has jurisdiction of this matter for the purpose of determining whether the denial of the motion to intervene, under the circumstances involved in this case, constitutes a final action of the BPA. The Pacific Northwest Electric Power Planning and Conservation Act, Pub. L.No. 96-501, § 9(e)(5), 94 Stat. 2697 (1980) (the Regional Act) provides…