PUBLIC UTILITY DISTRICT NO. 1 v. FEDERAL POWER COM'N

No. 16653.

308 F.2d 318 (1962)

PUBLIC UTILITY DISTRICT NO. 1 OF PEND OREILLE COUNTY, Washington, Petitioner, v. FEDERAL POWER COMMISSION, Respondent, City of Seattle, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided August 30, 1962.


Attorney(s) appearing for the Case

Messrs. Clarence C. Dill, Spokane, Wash., and Joseph Volpe, Jr., Washington, D. C., with whom Mr. Bennett Boskey, Washington, D. C., was on the brief, for petitioner.

Miss Josephine H. Klein, Atty., F. P. C., with whom Messrs. Ralph S. Spritzer, Gen. Counsel, F. P. C., at the time the brief was filed, Howard E. Wahrenbrock, Sol., Leonard D. Eesley, Asst. Gen. Counsel, and Joseph B. Hobbs, Atty., were on the brief, for respondent. Mr. Arthur H. Fribburg, Atty., F. P. C., also entered an appearance for respondent.

Mr. Richard S. White, Seattle, Wash., of the bar of the Supreme Court of Washington, pro hac vice, by special leave of court, with whom Messrs. Robert L. McCarty and Charles F. Wheatley, Jr., Washington, D. C., were on the brief, for intervenor.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and BASTIAN, Circuit Judges.


WILBUR K. MILLER, Chief Judge.

On July 29, 1957, the City of Seattle applied to the Federal Power Commission for a license1 to construct and operate a hydroelectric project at what is called the "Boundary" site on the Pend Oreille River. Public Utility District No. 1 of Pend Oreille County, a municipal power corporation of the State of Washington, on August 27, 1957, petitioned to intervene, and later filed an application for a license...

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