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<br />Power Administration is set forth as being <br />supportive of UP&L's criticism of Western's <br />failure to assure widespread usage of the Federal <br />resource. <br /> <br />Two points must be made in response to this <br />allegation of failure to achieve widespread use. <br />First, the Ninth Circuit Court of Appeals has held <br />that the "widespread use" standard is so vague <br />that a court of law cannot review the Secretary's <br />exercise of administrative discretion under that <br />standard. Santa Cl ara v. Andrus, 572 F .2d at <br />667 -68. Second, Western does achieve "wi despread <br />use" by marketing CRSP power in six states to <br />about 100 utilities serving over one million <br />ultimate consumers. Western's proposal to market <br />75 MW of SLCA Integrated Projects power mainly to <br />new customers further demonstrates a commitment to <br />the policy of widespread use. <br /> <br />Western believes that there is a rational basis <br />for selling power to municipal utilities rather <br />than to make low-cost power available to <br />residential and rural consumers served by an <br />investor-owned utility. This rational basis, <br />which has been consistently set forth by Congress, <br />includes the promotion of competition of utilities <br /> <br />35 <br />