thank you for the opportunity for argument i represent twenty one consumer and publicly owned utilities ranging from blithely running electric top down in wayne county to seattle city light were challenging the decision of the i would but there is an argument that it also includes rates but we're not here to talk today at all about rates and i will answer that question more fully if i may just take a moment to give you some background because what i what i am office and finally they had to be in the amount of power of the d s i or the industry contract from nine hundred seventy five these were very specific out coal with which we revolve around a different issue about the in the opening brief was that there was competing applications for preference bonneville and we also argued that below and what happened in bonneville then came back in their briefs and argued that they  thousand and one it could have included the d s five as a preference customer under section five it but congress did so here's what happened the d s sides were entitled to first initial twenty five cutting horses not twelve and a half cutting horses twelve and a half saddle horses which was what they did in this case and here's how i think the b p s logic violates the northwest power  authority under section c one that's section is that one time exception to public preference and it's only for one hundred eighty three have that discretionary authority they would need all the language in one nine hundred eighty they could have done it this and this is why i think b p a i would argue to you that b p a jury rig this because if they go under that section then the contracts have to provide reserves and they have to provide reserves to meet long term power hundred seventy five they didn't put anything in the record about that about a parked car corresponding to the statue the fourth thing is and this is to the heart of what you just asked me your honor about do we give all the eyes after they have met all the needs of the preference customers from the federal base system and that brings me to my to point even in their own reasoning in their own record  power from the federal base system so my my argument is on the allocation my argument goes right back to the analogy of the cutting horses we didn't get the first twenty five cutting horses and then we go they purchase those are my arguments that go along that line they have no authority to begin with and even under their arguments that they had authority they did it wrong on jurisdiction they say were either too early knew about but had never seen them if we would have  i would argue there have been are cases where the big pairs argued that the final decision i would argue to you that if we had come here on december first p p a would say no that's not a final decision and we would have been facing the same issue because we still have the second phase of the proceeding which they initiated december twelfth and which concluded on june twentieth and i can cite language from the first proceeding in which they said this i service was at issue and from the second proceeding which they said all the issues in the first proceeding are in the second issue we cited on our recent movie i can read you the very language so if we would have sued but during the first believe with behavior in a sense and by that i mean my own they find these contracts on november first we started from the freedom of information act request immediately thereafter and this this step is almost into never neverland it took us eight months to freedom of information act request just to see the vs by contrast i could not have filed the challenge i wouldn't feel ethically until i had read them and understood how the sure addressing the federal base system in those vilified contracts i have no idea why d p a chose to be complicated and why it took to freedom of customers and their preferred customers thank you system to sell them we sen of what did the petitioners know they knew that the contracts had been signed they knew that they'd been signed in a relatively short window of tobar two thousand more importantly they knew the these are called transmission reserves they do qualify they don't just protect the transmission system what happens if a transmission line falls down in iraq deliveries of power to the d s i as they take that power and use that power to maintain now thank you very much talk in august about what they were going to do and then the spine contracts and on october thirty first we knew about the date the very next day we properly filed a freedom of information act request asking for them we filed a second point i don't want to make this personal but epic well don't feel very comfortable that's why we filed the foyer act the next day so we could see the contract i have no idea why why be create one point give us all the public contracts and not th an they had access to and