Clatskanie Peoples Utility District v. Bonneville Power Administration

MEMORANDUM *

To establish standing, “the plaintiff must have suffered an injury in fact — an invasion of a legally protected interest which is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical.” Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 , 112 S.Ct. 2130 , 119 L.Ed.2d 351 (1992) (quotation marks omitted). Clatskanie alleges two injuries. First, it claims that it may be affected by the reduction of a pool of money held by BPA, from which Clatskanie is due to receive additional amounts to be established in an ongoing ratemaking proceeding. This injury is too tenuous to establish concrete and particularized injury.

Second, Clatskanie asserts that as a customer of BPA, Clatskanie has an interest in seeing BPA comply -with statutory requirements. This injury also fails to establish standing. Any implication in our prior decisions that an interest in participating in BPA’s ratemaking procedure confers standing to challenge alleged departures from those procedures, see California Energy Resources Conservation and Development Comm’n v. Bonneville Power Admin., 754 F.2d 1470, 1473 (9th Cir.1985); see also Portland General Electric Co. v.…