Vulcan Power Co. v. Bonneville Power Administration

Vulcan Power Company, an unsuccessful bidder for a federal Geothermal Pilot Project at the Newberry Crater in Oregon (the “Project”), appeals two final decisions of the respondent, Bonneville Power Administration (“Bonneville”). On September 15, 1994, Bonneville decided not to reopen the Project selection and affirmed its initial decision not to select Vulcan. Bonneville’s second decision, dated September 16, 1994 was to execute a Power Purchase Agreement with the successful bidder, intervenor C.E. Newberry, Inc. (“Newberry”), a subsidiary of intervenor California Energy Company, Inc. (“Energy”). We AFFIRM both final decisions.

FACTS

In July 1991 Bonneville published a solicitation for Project bids. On December 17, 1991 Bonneville selected Newberry over Vulcan to develop the Newberry Crater Project site and on December 18 notified Vulcan of that decision. In August 1994, following a decision by the U.S. District Court (D.Oregon) awarding Vulcan geothermal lease interests (the ‘Waters Leases”) related to the Project, Vulcan requested Bonneville to reconsider its Project award. After considering submissions from Vulcan and Newberry, Bonneville issued its September 15 and 16, 1994…