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CITY OF SEATTLE v. JOHNSON

Civ. No. 83-1923.

600 F.Supp. 306 (1984)

The CITY OF SEATTLE, City Light Department; City of Eugene, by the Eugene Water & Electric Board; Public Utility District No. 1 of Chelan County, Washington; City of Tacoma; Public Utility District No. 1 of Grant County, Washington; Central Lincoln Peoples' Utility District; Clatskanie Peoples' Utility District; Tillamook Peoples' Utility District and Public Utility District No. 1 of Douglas County, Washington, Plaintiffs, v. Peter JOHNSON, as Administrator, Bonneville Power Administration; Donald P. Hodel, as Secretary of the Department of Energy; and the United States of America, Defendants.

United States District Court, D. Oregon.

October 11, 1984.

Attorney(s) appearing for the Case

Alan S. Larsen, Donald A. Haagensen, Schwabe, Williamson, Wyatt, Moore & Roberts, Portland, Or., for plaintiffs.

Charles H. Turner, U.S. Atty., Thomas C. Lee, Asst. U.S. Atty., Preston Michie, Kurt Casad, Gen. Counsel, Portland, Or., for defendants.

OPINION AFTER REHEARING

LEAVY, District Judge:

Plaintiffs are a number of publicly-owned utilities in Oregon and Washington and purchase substantial amounts of power from the Bonneville Power Administration (BPA). As preference customers, they are entitled to certain benefits in the purchase of this power, including a lower price than other customers receive. Plaintiffs purchase power pursuant to a generic power sales contract (Requirements Contract, exhibit...

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