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PUBLIC POWER COUNCIL v. JOHNSON

Civ. No. 84-248-PA.

589 F.Supp. 198 (1984)

PUBLIC POWER COUNCIL, a nonprofit corporation, and Public Utility District No. 1 of Clark County, a municipal corporation in the State of Washington, Plaintiffs, v. Peter T. JOHNSON, Administrator of the Bonneville Power Administration, Donald P. Hodel, Secretary of the Department of Energy, and the United States of America, Defendants, Aluminum Company of America, Arco Metal Company, The Carborundum Company, Georgia-Pacific Corporation, Intalco Aluminum Corporation, Kaiser Aluminum & Chemical Corporation, Martin Marietta Aluminum, Inc., Oregon Metallurgical Corporation, Pacific Carbide & Alloys Company, Pennwalt Corporation, and Reynolds Metals Company, Defendant-Intervenors.

United States District Court, D. Oregon.

May 15, 1984.

Attorney(s) appearing for the Case

David Sprayberry, J. Richard Baxendale, Public Power Council, Donald Russo, Blair, Schaefer, Hutchison Wynne, Potter & Horton, Vancouver, Wash., for plaintiffs.

Marcus Wood, Guy A. Randles, Pamela L. Jacklin, Stoel, Rives, Boley, Fraser & Wyse, Portland, Or., for amici curiae.

Jonathan A. Ater, Ronald L. Saxton, Lindsay, Hart, Neil & Weigler, Portland, Or., Eric Redman, Heller, Ehrman, White & McAuliffe, Seattle, Wash., M. Laurence Popofsky, Dian M. Grueneich, Heller, Ehrman, White & McAuliffe, San Francisco, Cal., for intervenor Direct Service Industries.

Charles H. Turner, U.S. Atty., District of Oregon, Jack G. Collins, Chief, Civil Division, Thomas C. Lee, Asst. U.S. Atty., John A. Cameron, Jr., Asst. General Counsel, David J. Adler, Bonneville Power Administration, Portland, Or., for federal defendants.

OPINION AND ORDER

PANNER, District Judge.

This is an action by the Public Power Council, a nonprofit corporation representing publicly — or municipally-owned utilities, public utility districts, and cooperatives, and one of its members, arising out of an alleged breach of contract by the Bonneville Power Administration (BPA). Plaintiffs seek a declaration that the contract has been breached and a delay...

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