MONTANA POWER COMPANY v. FEDERAL POWER COMMISSION

Nos. 21904, 21767.

459 F.2d 863 (1972)

The MONTANA POWER COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, Confederated Salish and Kootenai Tribes, etc., Secretary of Interior, Intervenors. The CONFEDERATED SALISH and Kootenai Tribes of the Flathead Reservation, Montana, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Montana Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 17, 1972.


Attorney(s) appearing for the Case

Mr. Charles A. Horsky, Washington, D. C., with whom Messrs. G. Joseph Vining, Willard W. Gatchell, Washington, D. C., and Joseph A. McElwain, Butte, Mont., were on the brief, for petitioner in No. 21,904 and intervenor in No. 21,767. Mr. John C. Hauck, Butte, Mont., also entered an appearance for petitioner in No. 21,904.

Mr. Richard A. Baenen, Washington, D. C., with whom Messrs. Charles A. Hobbs and Jerry C. Strauss, Washington, D. C., were on the brief, for petitioners in No. 21,767 and intervenors in No. 21,904.

Mr. David F. Stover, Atty., Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel at the time the brief was filed, Peter H. Schiff, Solicitor at the time the brief was filed, Drexel D. Journey, Assistant General Counsel, and William H. Arkin, Atty., Federal Power Commission, were on the brief, for respondent.

Mr. A. Donald Mileur, Atty., Department of Justice, with whom Mr. Clyde O. Martz, Asst. Atty. Gen., at the time the brief was filed, Messrs. Roger P. Marquis, Atty., Department of Justice, and George Miron, Associate Solicitor, Reclamation and Power, Department of the Interior, were on the brief, for intervenor in No. 21,904.

Before FAHY, Senior Circuit Judge, and TAMM and LEVENTHAL, Circuit Judges.


FAHY, Senior Circuit Judge:

The cases challenge the correctness of the amount of annual rental charges the Montana Power Company has been ordered by the Federal Power Commission to pay to the Confederated Salish and Kootenai Tribes of Indians of the Flathead Reservation for use by the Company1 of lands of the Tribes. The lands are used in the Company's Kerr Hydro-Electric Development on the Flathead River in Montana,2...

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