9th Circ. Backs FERC in Bonneville Power Distribution Row
Orange County partner Paul Gale was mentioned in an August 11 Law360 article about the Ninth Circuit refusing the petitions of the Bonneville Power Administration’s wholesale energy customers that challenged orders by FERC, which mandated Bonneville provide transmission services that aren’t preferential.
Per the article, the three-judge panel ruled that the interest of large-scale energy buyers, such as the City of Seattle, the National Rural Electric Cooperative Association, and dozens of intervenors of protecting their privileged customer status is not protected under Section 211A of the Federal Power Act. Paul represented Iberdrola Renewables at oral argument. Iberdrola had originally challenged Bonneville’s order by filing a complaint before FERC. FERC ruled in favor of Iberdrola and the Ninth Circuit affirmed that ruling.
Oregon partner Lara Skidmore and associate Jasmine Hites of the Portland office were on the brief with Paul.