POWER AUTHORITY of The State OF NEW YORK, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Oneida Madison Electric Cooperative, et al. (Rural Electric Distribution Cooperatives), People of the State of New York, Rochester Gas and Electric Corporation, American Public Power Association, and the City of Jamestown, New York, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 4, 1957.
Decided June 20, 1957.
Attorney(s) appearing for the Case
Mr. Philip C. Jessup, New York City, with whom Mr. Thomas F. Moore, Jr., New York City, was on the brief, for petitioner.
Mr. Willard W. Gatchell, Gen. Counsel, Federal Power Commission, with whom Messrs. John C. Mason, Deputy Gen. Counsel, Federal Power Commission, and Joseph B. Hobbs, Atty., Federal Power Commission, were on the brief, for respondent. Mr. Howard E. Wahrenbrock, Asst. Gen. Counsel, Federal Power Commission, also entered an appearance for respondent.
Mr. John R. Davison, Albany, N. Y., a member of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, for intervenor, People of the State of New York. Mr. Henry H. Fowler, Washington, D. C., also entered an appearance for intervenor, People of the State of New York.
Mr. Lawrence Potamkin, Washington, D. C., was on the brief for intervenor, Oneida Madison Electric Cooperative, Inc., and certain other intervenors.
Mr. T. Carl Nixon, Rochester, N. Y., was on the brief for intervenor, Rochester Gas and Electric Corporation.
Messrs. Northcutt Ely, Robert L. McCarty, C. Emerson Duncan II, and Charles F. Wheatley, Jr., Washington, D. C., were on the brief for intervenors, American Public Power Association, and the City of Jamestown, New York.
Before EDGERTON, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
BAZELON, Circuit Judge.
Petitioner, an agency of the State of New York, applied to the Federal Power Commission for a license to construct a power project to utilize all of the Niagara River water which, under the 1950 treaty between the United States and Canada,1 is available for American exploitation.
In consenting to the treaty, the Senate had attached the following "reservation":
The United States on its part expressly...
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