Sesco, Inc. v. Bonneville Power Administration

67 F.3d 308 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SESCO, INC., Petitioner, v. BONNEVILLE POWER ADMINISTRATION, Respondent. No. 93-70878. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 5, 1995. Decided Aug. 29, 1995. 1 Before: CANBY and REINHARDT, Circuit Judges and LEGGE, * District Judge. 2 MEMORANDUM ** 3 The parties are familiar with the facts of the case; we will not recite them here. SESCO, Inc., petitions for review of the Bonneville Power Administration's decision to terminate negotiations on its proposals to provide energy conservation resources. We deny SESCO's petition. 4 Pursuant to the Administrative Procedure Act, agency decisions may be set aside only if "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." 5 U.S.C. Sec. 706 (2)(A); Northwest Motorcycle Ass'n. v. USDA, 18 F.3d 1468, 1471 (9th Cir.1994). Under this standard, we will not disturb an agency action if we find a rational…