CHEMEHUEVI TRIBE OF INDIANS v. FEDERAL POWER COM'N

No. 71-2012.

489 F.2d 1207 (1973)

The CHEMEHUEVI TRIBE OF INDIANS et al., Petitioners, v. FEDERAL POWER COMMISSION, Respondent, Arizona Public Service Company et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 9, 1973.

Petition for Rehearing Denied December 7, 1973.

Petition for Rehearing Denied December 7, 1973.

Motion for Clarification Denied December 11, 1973.

Suggestion for Reconsideration Denied December 19, 1973.


Attorney(s) appearing for the Case

Joseph J. Brecher, bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for petitioners. Reid Chambers, and Edward Berlin, Washington, D. C., also entered appearances for petitioners.

Daniel Goldstein, Asst. Gen. Counsel, Federal Power Commission, with whom Gordon Gooch, Gen. Counsel, Leo E. Forquer, Sol., and George W. McHenry, Jr., First Asst. Sol., Federal Power Commission, were on the brief, for respondent. J. Richard Tiano, Deputy Sol., Federal Power Commission, at the time the record was filed, also entered an appearance for respondent.

Harry A. Poth, Jr., Washington, D. C., with whom Richard M. Merriman, Peyton G. Bowman, III, and Robert T. Hall, III, Washington, D. C., were on the brief, for intervenor Arizona Public Service Co. and certain other intervenors.

Edward P. Nelsen, and Robert W. Tollen, San Francisco, Cal., were on the brief, for intervenor San Diego Gas & Electric Co.

Sidney G. Baucom, and Robert Gordon, Salt Lake City, Utah, entered appearances for intervenor Utah Power & Light Co.

Edward C. Farrell, Los Angeles, Cal., entered an appearance for intervenor Dept. of Water & Power of the City of Los Angeles.

William Duncan, El Paso, Tex., entered an appearance for intervenor El Paso Electric Co.

Samuel P. Cowley, Las Vegas, Nev., entered an appearance for intervenor Nevada Power Co.

Leroy Michael, Rosemead, Cal., entered an appearance for intervenor Salt River Project Agricultural Improvement & Power Dist.

John R. Bury, Phoenix, Ariz., entered an appearance for intervenor Southern California Edison Co.

Before WRIGHT, TAMM and McCREE, Circuit Judges.


Intervenors Petition for Rehearing Denied December 7, 1973.

Respondents Petition for Rehearing Denied December 7, 1973.

Petitioners Motion for Clarification Denied December 11, 1973.

Intervenors Suggestion for Reconsideration En Banc Denied December 19, 1973.

McCREE, Circuit Judge:

Thermal electric power plants, or "steam plants," whether fossil-fueled or nuclear-fired, require large amounts of water to cool and thereby condense the...

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