PORTLAND GENERAL ELEC. CO. v. F.E.R.C.

No. 15-1237 Consolidated with 15-1275.

854 F.3d 692 (2017)

PORTLAND GENERAL ELECTRIC COMPANY, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Northwest & Intermountain Power Producers Coalition, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 2017.


Attorney(s) appearing for the Case

Lawrence G. Acker , Washington, DC, argued the cause for petitioner Portland General Electric Company. With him on the briefs was Gary D. Bachman , Washington, DC.

Eric Lee Christensen , Seattle, WA, argued the cause for petitioner PáTu Wind Farm LLC. With him on the briefs were Peter J. Richardson and Gregory M. Adams .

Carl M. Fink was on the briefs for intervenors Northwest & Intermountain Power Producers Coalition and Community Renewable Energy Association in support of petitioner in case No 15-1275.

Elizabeth E. Rylander , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Robert H. Solomon , Solicitor.

Eric Lee Christensen , Seattle, WA, Peter J. Richardson , and Gregory M. Adams were on the brief for intervenors PáTu Wind Farm, LLC in support of respondent in case No. 15-1237.

Lawrence G. Acker and Gary D. Bachman , Washington, DC, were on the brief for intervenor Portland General Electric Company in support of respondent.

Before: Tatel and Srinivasan, Circuit Judges, and Silberman, Senior Circuit Judge.


This is a dispute between a small Oregon wind farm and the utility serving Portland over how much of the former's power the latter must purchase. The Federal Energy Regulatory Commission ruled that under the Public Utility Regulatory Policies Act and the power-purchase agreement between the parties, the utility must purchase...

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