GAS & ELEC. DEPT. v. FEDERAL ENERGY REGULATORY

No. 79-1587.

629 F.2d 197 (1980)

GAS AND ELECTRIC DEPARTMENT OF the CITY OF HOLYOKE, MASSACHUSETTS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Holyoke Water Power Company, Intervenor.

United States Court of Appeals, First Circuit.

Decided August 14, 1980.

As Amended September 10, 1980.


Attorney(s) appearing for the Case

Frances E. Francis, Washington, D. C., with whom Marc R. Poirier and Spiegel & McDiarmid, Washington, D. C., Maurice J. Ferriter and Begley, Ferriter, Brady & Lavelle, Holyoke, Mass., were on brief, for petitioner.

Joseph G. Stiles, Atty., Federal Energy Regulatory Commission, Washington, D. C., with whom Robert R. Nordhaus, Gen. Counsel, and Jerome M. Feit, Acting Deputy Sol., Federal Energy Regulatory Commission, Washington, D. C., were on brief, for respondent.

Jerome Ackerman, Washington, D. C., with whom Terry Coleman and Covington & Burling, Washington, D. C., were on brief, for intervenor.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, LOUGHLIN, District Judge.


BOWNES, Circuit Judge.

In 1849, the predecessor of the Holyoke Water Power Company constructed a masonry dam across the Connecticut River at Hadley Falls, near Holyoke, Massachusetts. More than one thousand feet long and thirty feet high, the dam created an enormous head of water to power local industries. By 1948, the dam diverted water into miles of canals on both sides of the river, generating fourteen megawatts of mechanical energy for industries along the canals...

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