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WISCONSIN VALLEY IMP. CO. v. F.E.R.C.

Nos. 97-1557 & 99-1511.

236 F.3d 738 (2001)

WISCONSIN VALLEY IMPROVEMENT COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. United States Department of the Interior and Department of Agriculture, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 26, 2001.

Attorney(s) appearing for the Case

Naikang Tsao argued the cause for petitioner. With him on the briefs were Michael D. Fischer and Bradley D. Jackson.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the briefs was John H. Conway, Acting Solicitor.

Ronald M. Spritzer, Attorney, U.S. Department of Justice, argued the cause for intervenors. With him on the briefs were Lois J. Schiffer, Assistant Attorney General, and John T. Stahr, Attorney.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Wisconsin Valley Improvement Company ("WVIC" or "the company") petitions for review of Federal Energy Regulatory Commission ("FERC") orders imposing conditions on its license to operate a hydropower project. In addition to charging WVIC an annual fee for "use" of submerged federal lands, the licensing order requires petitioner to implement a "wild rice enhancement plan." FERC imposed...

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