BPA is requesting public input and comment through June 8 for the purpose of assisting BPA in its response to the U.S. Court of Appeals for the Ninth Circuit decision issued Sept. 18, 2014 (“ICNU”) related to BPA’s contracts with its direct service industry customers.
In ICNU, the Court instructed BPA to address four specific questions regarding service to Alcoa and recovery of funds. Comments received during the comment period will assist BPA in its decision-making process before issuing a draft record of decision on these four issues in July 2015.
BPA is requesting comments on the following:
In terms of relief, the Court remanded the Alcoa Amendment to Bonneville and directed Bonneville:
(1) “to provide a defensible estimate of the amount of the subsidy it provided to Alcoa under the Alcoa Amendment prior to its invalidation;”
(2) “to provide some analysis of whether Alcoa’s claim of net underpayment has any fair chance of success;”
(3) “to analyze alternative plans for recovery of any overpayment to Alcoa; and,”
(4) “either adopt one of those plans or to explain why, with respect to each of them, the costs and downside risks justify abandonment of the opportunity to recover any overpayment.”
ICNU, 767 F.3d at 929.
These issues, along with background information, can be found in the May 6 Letter to the Region posted on BPA’s Direct Service Industries website.