What is the test for a judge's decision to depart from the principle of finality for abuse of power?

Application of the doctrine is discretionary. United States v. Mills, 810 F.2d 907, 909 (9th Cir.), cert. denied, 484 U.S. 832, 108 S.Ct. 107, 98 L.Ed.2d 67 (1987). Accordingly, we review a trial judge's decision to depart from the principle of finality for an abuse of discretion. Pyramid Lake Tribe v. Hodel, 882 F.2d 364, 369 n. 5 (9th Cir.1989). A court properly exercises its discretion to reconsider an issue previously decided in only three instances: (1) the first decision was clearly erroneous and would result in manifest injustice; (2) an intervening change in the law has occurred; or (3) the evidence on remand was substantially different. Eichman, 880 F.2d at 157.