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PACIFIC POWER & LIGHT CO. v. FEDERAL POWER COM'N

Nos. 18853, 18954.

333 F.2d 689 (1964)

PACIFIC POWER & LIGHT COMPANY, Department of Fish and Game of the State of California, Petitioners, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied August 6, 1964.

Attorney(s) appearing for the Case

Brobeck, Phleger & Harrison, Gregory A. Harrison, Malcolm T. Dungan, John E. Sparks, San Francisco, Cal., for Pacific Power & Light Co.

Richard A. Solomon, General Counsel, Howard E. Wahrenbrock, Solicitor, Joseph B. Hobbs and Josephine H. Klein, Attorneys, all with the Federal Power Commission, Washington, D. C., for Federal Power Commission.

Stanley Mosk, Atty. Gen. of California, Charles E. Corker, Asst. Atty. Gen., Burton J. Gindler, Deputy Atty. Gen., Los Angeles, Cal., Ralph W. Scott, Deputy Atty. Gen., of California, San Francisco, Cal., for intervenor, Dept. of Fish and Game of State of California.

Before POPE, MERRILL and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge:

These are petitions, consolidated for hearing and determination, to review a decision of the Federal Power Commission. The order in question relates to the Iron Gate Dam on the Klamath River in Northern California, a facility constructed by petitioner, Pacific Power & Light Company (Pacific) under a Commission license. Pacific attacks the portion of the order that requires it to construct, at its expense, a fish hatchery, and to reimburse...

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