Public Power Council, Inc. v. Bonneville Power Administration

Public Power Council, Inc., and others (collectively PPC) petition for a review of the decision of the Bonneville Power Administration (BPA) to trigger the Safety-Net Cost Recovery Adjustment Clause (SN CRAC) portion of its General Rate Schedule Provisions (GRSPs), as a result of which a rate setting proceeding took place. Canby Utility Board also petitions for a review on the basis that because it had a special contract with BPA, its rates could not be changed in any event. We deny the petitions.

BACKGROUND

BPA is a “self-financing power marketing agency,” which markets wholesale electricity from federal hydroelectric plants and several other power plants in the Pacific Northwest. Aluminum, Co. of Am. v. Bonneville Power Admin., 903 F.2d 585 , 588 (9th Cir.1990). “It owns and operates approximately eighty percent of the Pacific Northwest’s high-voltage transmission system and markets approximately forty percent of the electric power consumed in the Pacific Northwest.” Indus. Customers of N.W. Utils. v. Bonneville Power Admin., 408 F.3d 638 , 641 (9th Cir.2005). “BPA’s customers include federal agencies, public bodies (including public utilities), private utilities,” and Direct…