STATE OF NORTH CAROLINA, Petitioner,
v.
FEDERAL POWER COMMISSION, Respondent,
Appalachian Power Company et al., Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 23, 1975.
Decided March 24, 1976.
Attorney(s) appearing for the Case
Millard R. Rich, Jr., Asst. Atty. Gen. of State of N. C., Raleigh, N. C., Norman B. Smith, Greensboro, N. C., and Thomas J. Schoenbaum, Chapel Hill, N. C., with whom Rufus L. Edmisten, Atty. Gen. of State of N. C., Raleigh, N. C., was on the brief for petitioner.
Steven A. Taube, Atty., F.P.C., Washington, D. C., with whom Drexel D. Journey, Gen. Counsel and John R. Staffier, Atty., F.P.C., Washington, D. C., were on the brief for respondent. George W. McHenry, Jr., Sol., F.P.C., Washington, D. C., at the time the record was filed also entered an appearance for respondent. Alan Abbot Tuttle, Sol., F.P.C., Washington, D. C., entered an appearance for respondent.
William J. Madden, Jr., Washington, D. C., with whom Donald K. Danker, Washington, D. C., was on the brief for intervenor Appalachian Power Co.
James E. Ryan, Jr., Asst. Atty. Gen. of Com. of Va., Richmond, Va., for intervenor Com. of Va. Anthony F. Troy, Richmond, Va., also entered an appearance for intervenor Com. of Va.
Frank M. Ellison, Deputy Atty. Gen. for State of W. Va., Charleston, W. Va., was on the brief for intervenor State of W. Va. Nicholas W. Johnson, Deputy Atty. Gen., W. Va., also entered an appearance for intervenor State of W. Va.
Edmund I. Adams, Sparta, N. C., filed a brief on behalf of the Committee for New River et al. as amici curiae urging reversal.
Dan R. Murray, Sparta, N. C., filed a brief on behalf of the Committee for the Improvement of Alleghany et al. as amici curiae urging affirmance.
Frederick E. Miller, Jr., Washington, D. C., filed a motion on behalf of W. Va. Division of the Izaak Walton League et al. for leave to file a brief as amici curiae and the brief was filed.
Before BAZELON, Chief Judge, and ROBINSON and ROBB, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Circuit Judge ROBB.
ROBB, Circuit Judge:
This is a petition by the State of North Carolina to review an order of the Federal Power Commission, granting the Appalachian Power Company a license to build a hydroelectric project on the New River.
The New or New-Kanawha River rises in the Appalachian Mountains of North Carolina and Tennessee and flows north through southwestern Virginia and into West Virginia where it becomes...
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