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STATE OF UTAH v. F. E. R. C.

No. 80-2167.

691 F.2d 444 (1982)

The STATE OF UTAH; the Utah Public Service Commission; the Division of Public Utilities of the Department of Business Regulation of the State of Utah, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Sierra Pacific Power Company, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 10, 1982.

Attorney(s) appearing for the Case

Craig R. Rich and Stephen R. Randle, Sp. Asst. Attys. Gen., Salt Lake City, Utah (David L. Wilkinson, Utah Atty. Gen., Salt Lake City, Utah, with them on the brief), for petitioners.

Stephen R. Melton, Atty., F. E. R. C., Washington, D. C. (Jerome Nelson, Acting Gen. Counsel and Jerome M. Feit, Deputy Sol., F. E. R. C., Washington, D. C., with him on the brief), for respondent.

John Madariaga, Gen. Counsel, Sierra Pacific Power Co., Reno, Nev., Reuben Goldberg, Glenn W. Letham, and Channing D. Strother, Jr., Goldberg, Fieldman & Letham, P. C., Washington, D. C., for intervenor.

Before DOYLE, McKAY and LOGAN, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a petition for a review of an order of the Federal Energy Regulatory Commission. The Federal Energy Regulatory Commission issued a declaratory order without a hearing. Sierra Pacific Power Company has intervened and has filed a brief. The petitioners include the Utah Public Service Commission and the Division of Public Utilities of the Department of Business Regulation of Utah and the State of Utah.

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