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CITY OF DOTHAN, ALA. v. F. E. R. C.

No. 81-1941.

684 F.2d 159 (1982)

CITY OF DOTHAN, ALABAMA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Municipal Electric Authority of Georgia, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 3, 1982.

Attorney(s) appearing for the Case

Alan I. Robbins, Washington, D. C., with whom Donald R. Allen and Glen L. Ortman, Washington, D. C., were on the brief, for intervenor.

Channing D. Strother, Jr., Washington, D. C., with whom Arnold Fieldman, Washington, D. C., was on the brief, for petitioner.

Arlene Pianko Groner, Atty., F. E. R. C., Washington, D. C., with whom Charles A. Moore, Gen. Counsel, and Jerome M. Feit, Sol., F. E. R. C., Washington, D. C., were on the brief, for respondent.

Before MacKINNON and MIKVA, Circuit Judges, and COWEN, Senior Judge, United States Court of Claims.

Opinion for the Court filed by Circuit Judge MacKINNON.

Dissenting opinion filed by Circuit Judge MIKVA.

MacKINNON, Circuit Judge:

After reviewing competing applications for a preliminary permit to investigate development of a hydroelectric facility, the Federal Energy Regulatory Commission (the Commission) determined that the two proposals submitted by parties of equal statutory priority were equally well adapted to serve the public interest and in...

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