Bpa

MEMORANDUM

Clatskanie People’s Utility District (“Clatskanie”) petitions for review of the Bonneville Power Administration’s (“Bonneville”) Tiered Rate Methodology Record of Decision. We have original subject matter jurisdiction to review justicia-ble final actions taken by Bonneville under the Pacific Northwest Electric Power Planning and Conservation Act of 1980, 16 U.S.C. §§ 839 -839h (“Northwest Power Act”). 16 U.S.C. § 839f(e)(5); U.S. Const, art. Ill, § 2, cl. 1. We dismiss the petition in part because Clatskanie’s claim that the Tiered Rate Methodology violates the Northwest Power Act is not yet ripe. We deny Clatskanie’s remaining arguments as barred by res judicata.

The Tiered Rate Methodology sets a new method that Bonneville will use to calculate future rates charged to public utilities and other public entities. We previously considered a challenge to it by Clatskanie and other petitioners in ICNU v. BPA, 388 Fed.Appx. 586 (9th Cir.2010). In ICNU , the petitioners claimed that the Tiered Rate Methodology will result in Bonneville charging rates that violate the Northwest Power Act. We held that because the challenge was based on future rate-making and cost allocation…