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SIERRA PACIFIC POWER CO. v. F. E. R. C.

No. 80-7453.

681 F.2d 1134 (1982)

SIERRA PACIFIC POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 20, 1982.

Rehearing Denied August 27 and September 30, 1982.

Attorney(s) appearing for the Case

James K. Mitchell, Reid & Priest, Washington, D. C., for petitioner.

Jeanne S. Whiteing, Boulder, Colo., A. Karen Hill, Washington, D. C., argued, for respondent; Michael R. Thorp, Eisenhower, Carlson, Newlands, Reha, Henriot & Quinn, Tacoma, Wash., on brief.

Before TRASK, SNEED and TANG, Circuit Judges.

TRASK, Circuit Judge:

Petitioner, Sierra Pacific Power Company (Sierra), challenges a ruling made by respondent, the Federal Energy Regulatory Commission (Commission or FERC), which found the Truckee River to be a navigable water of the United States as defined by section 3(8) of the Federal Power Act, 16 U.S.C. § 796(8), and ordered Sierra to obtain a license pursuant to sections 4(e) and 23(b) of the Act, 16 U.S.C. §§ 797(e), 817, to operate its hydroelectric...

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