O'Leary

Overton Power District No. 5 and Valley Electric Association (collectively “Over-ton/Valley”), two Nevada power suppliers, challenge the rate charged for power generated at Hoover Dam. The district court granted summary judgment rejecting most of Overton/V alley’s claims. Overton Power Dist No. 5 v. Watkins, 829 F.Supp. 1523 (D.Nev.1993). Because we conclude Over-ton/Valley lack standing, we remand with an order for the district court to vacate its opinion and dismiss Overton/Valley’s action.

FACTS

The Western Area Power Administration (Western) sets power rates for the Boulder Canyon Project — popularly known as Hoover Dam — under 43 U.S.C. § 617 , et seq. (the BCP statute). Western sells power generated at Hoover Dam to contractors designated by the BCP statute; in Nevada the Colorado River Commission (CRC) is the only designated contractor. See 43 U.S.C. § 619a. Overton/Valley purchase energy from the CRC at the same price the CRC paid for it, and they resell it to their customers.

On October 25, 1990, Western proposed a rate increase for Hoover Dam power and initiated the public comment process. On June 10, the Department of Energy (DOE) approved the new rate on an interim…