HomeMy WebLinkAboutAgenda Report - September 19, 1984 (82)PENDING ORAL
AItQ AWA IS IN TI IE
U.S. COURT OF
APPEALS, N I"i
CIROJIT
CITY COUNCIL H EETING
SEPTEMBER 19, 1984
In response to an earlier inquiry by the Council, the follo►v-
Ing info -oration was prevented regarding pending opal
arguments in the U. S. Court of Appeals, Ninth Circuit.
'M NCPA LEGAL C=11'11
Gent I amen:
Subject: Pending oral argument in the U. S.
Court of Appeals, Ninth Circuit
Some of your cities, at least, have been receiving
notices from the Court that oral argument in two matters will
occur on October 2, 1984. A copy of a recent order relating
to them, and the hearing notice, is enclosed.
The first case, 7854, is the result of a FERC decision
in Docket EL82-21 in favor of SNID in a proceeding brought by
it to obtain transmission capacity on PG&E's line from the
northwest. The FERC decision is reported at 23 FEIBC par
61,042 (April 8, 1983), and the order denying rehearing is
reported at 24 FERC par 61,305 (Sept. 22, 1983).
The second case. 7633, is the result of a FEW decisi-)n
in Docket 1.1.82-3 rejecting the City of Oakland's application,
that the Port of Oakland be treated as a wholesale customer
The original decision is reported at 24 FERC par 61,010 (Ju.y
18, 1983) and rehearing was denied at 25 FERC par 61,105
(October 20, 1983).
NCPA and its "PG&E city" members were allowed to
intervene in the Onkland care, on the ground
"that any Bete nnination that the PG&E
sale to the Port of Oakland is a sale
for resale could affect the rate under
which the NCPA members purchase."
On that basis we have received notice of it, and since SMUD
is on the same calendar, we will receive notice of it, too.
NCPA and its nr nbers have been neutral, and will not
Participate in the appeals.
I will be glad to furnish copies of any of the above
ci t ied documents if you desire.
Sinccr'ly,
s/ N In r t in N1cDonough
Attorney"