9th Circ. Upholds BPA, Alcoa Power Rate Contract

Law360, New York (October 16, 2012, 8:04 PM EDT) -- The Ninth Circuit on Tuesday denied requests by utility cooperatives to review a contract between Bonneville Power Administration and Alcoa Inc., ruling that BPA's decision to not sell power to Alcoa at market rate was not arbitrary and capricious.

The power co-ops argued that by selling power to Alcoa at the statutorily mandated industrial firm power rate, BPA was violating is statutory responsibility to operate under sound business principles and was forgoing profits that could be used to lower its rates to consumers.

But the Ninth...
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