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CITY OF CENTRALIA, WASH. v. F. E. R. C.

No. 79-7411.

661 F.2d 787 (1981)

CITY OF CENTRALIA, WASHINGTON, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Attorney(s) appearing for the Case

Grace Powers Monaco, Fairman, Frisk & Monaco, Washington, D. C., for petitioner.

Kristina Nygaard, F.E.R.C., Washington, D. C., argued, for respondent; Andrew M. Zack, Washington, D. C., on brief.

Before WRIGHT and HUG, Circuit Judges, and EAST, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

The respondent's petition for rehearing is denied. The opinion of July 13, 1981 is withdrawn and is replaced by the following disposition.

* * *

Since 1930 Centralia has operated the Yelm Project, a small hydroelectric plant on the Nisqually River. Additional construction in 1953 doubled Yelm's generating capacity. Before enlarging the plant, Centralia filed a declaration of intention with the Federal Power Commission...

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