Puget Sound Energy, Inc., a Washington Corporation v. United States of America Administration, Bonneville Power Administration

In this petition for review, we are asked to determine whether the Bonneville Power Administration (the “BPA”) followed required procedure in making certain charges in association with sale of -the use of electric transmission lines to Petitioner Puget Sound Energy Inc. (“Puget Sound”). Before we may answer that question, however, we must determine whether the petition was brought within the statutory period for raising such challenges. In turn, answering this question requires us to consider the nature of the actions challenged by Puget Sound — whether the challenge is to a rate-making or the implementation of a rate — and the point in time at which any disputed action became “final.” We hold that because the petition was brought more than 90 days after the disputed actions became final, we do not have jurisdiction to consider the substantive merits of the petition or grant Puget’s request that the disputed charges be remanded to the BPA for additional administrative proceedings.

I. Factual Background

The disputes in this case arise from a rather intricate transaction in which one party is a highly regulated federal entity and the other attempted to structure the…