Kaiser Aluminum & Chemical Corp. v. Bonneville Power Administration

Petitioners Kaiser Aluminum & Chemical Corp. (“Kaiser”), ALCOA Inc. (“ALCOA”) and Vanaleo, Inc. (‘Vanaleo”) seek review of final Bonneville Power Administration (“BPA”) decisions denying Petitioners’ requests to purchase Surplus Firm Power at the IP-96 rate. Kaiser also requests a determination that its claims be decided by arbitration pursuant to an arbitration clause in a contract between Kaiser and BPA.

We have exclusive jurisdiction over the petitions pursuant to 16 U.S.C. § 839f(e)(5). The petitions are timely because they were filed within ninety days of BPA’s final decision. Id. Because of our exclusive jurisdiction, Kaiser’s claims are not arbitrable. BPA’s decisions were reasonable and not contrary to statutes. Accordingly, we dismiss the petitions. BACKGROUND

Respondent Bonneville Power Administration (“BPA”) is a federal agency charged by Congress with marketing the hydroelectric power generated by a series of dams along the Columbia River. See 16 U.S.C. §§ 832 -832m. Petitioners Kaiser, ALCOA and Vanaleo are aluminum smelters permitted by the Northwest Power Act to buy electric power directly from BPA as Direct Service Industrial customers (“DSIs”). See 16 U.S.C.…