California Energy Resources Conservation and Development Commission v. Bonneville Power Administration

Petitioner California Energy Resources Conservation and Development Commission (CEC) challenges transactions between the Bonneville Power Administration (BPA) and two northwest electric utilities that took place in 1983. Petitioner seeks a declaratory judgment that the transactions constituted a sale of electric power by BPA at a rate below that authorized by the established rate structure, and that BPA was therefore required to undertake statutorily-mandated ratemaking proceedings before entering into the transactions.

We find that, under the circumstances of this case, BPA was not required to follow ratemaking procedures. We therefore deny petitioner’s request for a declaratory judgment.

I.

STATEMENT OF THE CASE

A. Background

Respondent BPA is a federal government agency that markets power from hydroelectric projects and other federally-owned sources of electric power in the Pacific Northwest. BPA’s operations are governed by the Pacific Northwest Electric Power Planning and Conservation Act, 16 U.S.C. §§ 839 — 839h (1982) (the Regional Act). The Regional Act requires BPA to set rates that cover its costs and also return the federal investment in BPA’s facilities “over a…

I dissent for the reasons stated in my dissenting opinion in the companion case of Portland General Electric Co. v. Johnson, 754 F.2d 1475 (9th Cir.1985).

754 F.2d 1470 CALIFORNIA ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION, Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent. No. 83-7181. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 3, 1984. Submission Withdrawn July 11, 1984. Resubmitted Oct. 2, 1984. Decided March 4, 1985. William M. Chamberlain, Sacramento, Cal., for petitioner. Kurt Casad, Portland, Or., for respondent. Petition for Review of Actions by the Bonneville Power Administration. Before KILKENNY, SNEED, and NORRIS, Circuit Judges. Sneed, Circuit Judge: 1 Petitioner California Energy Resources Conservation and Development Commission (CEC) challenges transactions between the Bonneville Power Administration (BPA) and two northwest electric utilities that took place in 1983. Petitioner seeks a declaratory judgment that the transactions constituted a sale of electric power by BPA at a rate below that authorized by the established rate structure, and that BPA was therefore required to undertake statutorily-mandated ratemaking proceedings before entering into the transactions. 2 We find that, under the circumstances of this case, BPA was not required to follow ratemaking…