Public Utility District No. 1 Of Grays Harbor County Washington v. Idacorp Inc.

379 F.3d 641 PUBLIC UTILITY DISTRICT NO. 1 OF GRAYS HARBOR COUNTY WASHINGTON, Plaintiff-Appellant, v. IDACORP INC., an Idaho corporation; Idaho Power Company, an Idaho corporation; IDACORP Energy L.P., a Delaware limited partnership, Defendants-Appellees. No. 03-35207. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 2004. Filed August 10, 2004. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED William J. Ohle, Schwabe, Williamson & Wyatt, Portland, OR, for the plaintiff-appellant. Gordon E. Erspamer, Morrison & Foerster, Walnut Creek, CA, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Robert J. Bryan, District Judge, Presiding, D.C. No. CV-02-05572-RJB. Before PREGERSON, THOMPSON, and CALLAHAN, Circuit Judges. PREGERSON, Circuit Judge. 1 This dispute arises out of the West Coast's recent energy crisis. The case involves contract-related claims against energy wholesalers by a public utility which contends it was forced to pay exorbitant prices for electricity. The utility's case was dismissed by the district court because its claims were found to be preempted. For the…