Transmission Agency of Northern California v. Sierra Pacific Power Company, Bonneville Power Administration, Pacificorp, and Portland General Electric
Opinion
Opinion
Thompson, J.
ORDER
The opinion filed April 16, 2002 is amended as follows:
At slip opinion page 5765, in the first full paragraph, the fourth sentence that begins “TANC cannot obtain state law money-damages ...” is amended to read: “TANC cannot obtain state law money damages allegedly resulting from the operation of an interstate electricity intertie expressly approved by FERC, where the manner of operation was necessarily contemplated at the time of approval.”
At slip opinion page 5766, in the first full paragraph, the fifth sentence that begins “Offering an analogy of our own ...” is amended to read: “Offeidng an analogy of our own, allowing TANC to sue under state law for damage allegedly caused to its transmission system by an interconnected interstate system approved by FERC would be akin to allowing an airline to sue under state law for economic damages caused by another airline’s FAA-approved flight plans.”
With these amendments, the panel named above has voted to deny the petition for rehearing. Judges W. Fletcher and Berzon have voted to deny the petition for rehearing en banc, and Judge Thompson has recommended denial of that petition.