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ESCONDIDO MUT. WATER CO. v. F. E. R. C.

Nos. 79-7625, 80-7012 and 80-7110.

692 F.2d 1223 (1982)

ESCONDIDO MUTUAL WATER COMPANY, City of Escondido, and Vista Irrigation District, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, San Pasqual Band of Mission Indians, Secretary of Interior, etc., et al., Intervenors. SAN PASQUAL, LA JOLLA, RINCON, PAUMA AND PALA BANDS OF MISSION INDIANS, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Escondido Mutual Water Company, City of Escondido and Vista Irrigation District, Intervenors. The SECRETARY OF the INTERIOR, acting in his capacity as trustee for the Rincon, La Jolla and San Pasqual Bands of Mission Indians, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Escondido Mutual Water Company, City of Escondido and Vista Irrigation District, Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1982.

As Amended February 23, 1983.

As Amended on Denial of Rehearings March 17, 1983.

Attorney(s) appearing for the Case

Paul D. Engstrand, Leroy A. Wright, San Diego, Cal., James C. Kilbourne, Washington, D.C., Robert S. Pelcyger, Boulder, Colo., argued, for petitioners; Jennings, Engstrand & Henrikson, Glenn, Wright, Jacobs & Schell, San Diego, Cal., C. Emerson Duncan, II, Duncan, Allen & Mitchell, Washington, D.C., on brief, for Escondido; Raymond N. Zagone, Dirk D. Snel, U.S. Dept. of Justice, Daniel M. Rosenfelt, Dept. of the Interior, Washington, D.C., on brief, for Interior; Fredericks & Pelcyger, Boulder, Colo., on brief, for San Pasqual, etc.

Joseph S. Davies, Jr., Joshua Rokach, FERC, Washington, D.C., argued, for respondent; John A. Cameron, Acting Asst. Sol., Kristina Nygaard, FERC, Washington, D.C., on brief.

Before ANDERSON, FERGUSON and NELSON, Circuit Judges.

As Amended on Denial of Rehearings March 17, 1983. See 701 F.2d 826.

FERGUSON, Circuit Judge:

This is a petition for review of decisions of the Federal Energy Regulatory Commission ("Commission")1 in consolidated administrative proceedings involving licensed Project No. 176 in northern San Diego County, California. The project was originally licensed...

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