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L.S. STARRETT CO. v. F.E.R.C.

No. 10-1470.

650 F.3d 19 (2011)

L.S. STARRETT COMPANY, Petitioner, Appellant, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided June 15, 2011.

Attorney(s) appearing for the Case

Joseph M. Hamilton , with whom David K. McCay and Mirick, O'Connell, DeMallie & Lougee, LLP, were on brief for appellant.

Beth Guralnick Pacella , Senior Attorney, with whom Thomas R. Sheets , General Counsel, and Robert H. Solomon , Solicitor, was on brief for appellee.

Before TORRUELLA, STAHL, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

L.S. Starrett Company ("Starrett") appeals from two orders by the Federal Energy Regulatory Commission ("FERC" or "Commission"). The Commission concluded that Starrett would be required to seek licensing pursuant to Section 23(b) of the Federal Power Act ("FPA")1 if it proceeded with certain proposed changes to its Crescent Street Dam Project ("the Project"), a hydroelectric...

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