MONTANA POWER CO. v. FEDERAL POWER COMMISSION

No. 10200.

185 F.2d 491 (1950)

MONTANA POWER CO. v. FEDERAL POWER COMMISSION.

United States Court of Appeals District of Columbia Circuit.

Decided October 4, 1950.


Attorney(s) appearing for the Case

Messrs. S. B. Chase, Jr., Great Falls, Mont., John C. Hauck and R. H. Glover, Butte, Mont., all of the Bar of the Supreme Court of Montana, pro hac vice, by special leave of Court with whom Messrs. Herbert M. Bingham and H. Donald Kistler, Washington, D. C., were on the brief, for petitioner.

Messrs. Bradford Ross, General Counsel, Federal Power Commission, and Willard W. Gatchell, Assistant General Counsel, Federal Power Commission, Washington, D. C., with whom Messrs. Louis W. McKernan and William J. Costello, Attorneys, Federal Power Commission, Washington, D.C., were on the brief, for respondent.

Before WILBUR K. MILLER, BAZELON and FAHY, Circuit Judges.


BAZELON, Circuit Judge.

Petitioner seeks review of an order of the Federal Power Commission, issued pursuant to § 4(g) of the Federal Power Act,1 requiring that it apply for licenses for its nine hydroelectric developments, all located in Montana. The Commission asserts authority for its action under § 23(b) of the Act.2 That section provides that no hydroelectric development may be constructed, operated...

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