Transmission Agency of Northern California v. Sierra Pacific Power Company, Bonneville Power Administration, Pacificorp, and Portland General Electric

The Transmission Agency of Northern California (TANC) is a joint exercise of powers agency composed of over a dozen Northern and Central California municipalities. It brought suit against the Bonneville Power Administration (BPA), a federal power marketing agency of the United States Department of Energy, and the defendant regional utility companies. TANC asserted claims for equitable relief and damages allegedly incurred as a result of the BPA and the other defendants constructing, and interconnecting with, an electricity intertie known as the Alturas Intertie.

The district court did not reach the merits of TANC’s claims. It dismissed the claims against the BPA for lack of subject matter jurisdiction, concluding that those claims challenged final agency action by the BPA and fell within the Ninth Circuit Court of Appeals’ exclusive original jurisdiction. See 16 U.S.C. § 839f(e)(5). It also dismissed, as preempted under the Federal Power Act, 16 U.S.C. §§ 791 -828c, TANC’s claims against the defendant utility companies. TANC appeals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Facts and Proceedings

Because this case comes before us on appeal from a dismissal…