Laserfiche WebLink
<br />rising price of oil, has been demonstrated. <br />Western believes that a municipality under the <br />relevant precedent, must be "ready, 'willing and <br />able" to receive a direct allocation of Federal <br />power. Central Lincoln Peoples' Utility District <br />v. Johnson, 686 F.2d at 714-15; Santa Clara v. <br />Andrus, 572 F.2d 660, 671 (9th Cir.), cert. denied <br />439 U.S. 859 (1978); "Request of City of Needles <br />for Reinstatement of Sales of Federal Power for <br />Benefit of its Citizens," Department of Energy <br />General Counsel Opinion at 4 (November, 1978). <br />Within the concept of "ready, willing and able" is <br />the requirement of municipal utility <br />responsibility. Western believes that precedent <br />under reclamation law on this issue is consistent <br /> <br />with the proposed marketing criteria. <br /> <br />---'- <br /> <br />Western cannot agree with UP&L that preference <br />decisions rendered by the Ninth Circuit Court of <br />Appeals should not be followed in the marketing of <br />power from the Co 10rado Ri ver Storage Project. In <br />the case of Arizona Power Authority v. Morton, 549 <br />F.2d at 1237, the Ninth Circuit has explicitly <br />held that CRSP power is to be sold first to <br />preference utilities, and not to investor-owned <br />utilities: <br /> <br />31 <br />