ROCKY MOUNTAIN POWER COMPANY, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Public Service Company of Colorado, Colorado River Water Conservation District, Humble Oil & Refining Company, Public Utilities Commission of the State of Colorado, Intervenors.
United States Court of Appeals District of Columbia Circuit.https://leagle.com/images/logo.png
Argued April 22, 1968.
Decided January 16, 1969.
Attorney(s) appearing for the Case
Mr. Charles F. Brannan, Denver, Colo., with whom Mr. Smith W. Brookhart, Washington, D. C., was on the brief, for petitioner.
Mr. William H. Arkin, Attorney, Federal Power Commission, with whom Messrs. Richard A. Solomon, General Counsel, Peter H. Schiff, Solicitor, and Drexel D. Journey, Assistant General Counsel, Federal Power Commission, were on the brief, for respondent.
Mr. Robert L. McCarty, Washington, D. C., with whom Mr. Kenneth Balcomb, Jr., Glenwood Springs, Colo., was on the brief for intervenor Colorado River Water Conservation District, argued on behalf of all intervenors.
Messrs. Carl Illig, Houston, Tex., Northcutt Ely and C. Emerson Duncan, II, Washington, D. C., were on the brief for intervenor Humble Oil & Refining Company.
Mr. Robert Lee Kessler, Denver, Colo., was on the brief for intervenor Public Utilities Commission of the State of Colorado.
Before BASTIAN, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.
United States Court of Appeals District of Columbia Circuit.
SPOTTSWOOD W. ROBINSON, III, Circuit Judge:
We have before us a petition to review an order of the Federal Power Commission dismissing an application for authorization to construct and operate hydroelectric facilities. The dismissal stemmed from petitioner's inability, during the more than six years of the application's pendency, to make a satisfactory showing as to the economic and financial feasibility of its project....
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