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PACIFIC GAS & ELEC. CO. v. F.E.R.C.

Nos. 82-2021, 82-2026 and 82-2030.

720 F.2d 78 (1983)

PACIFIC GAS AND ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Calaveras County Water District, Northern California Power Agency, Intervenors. CALAVERAS COUNTY WATER DISTRICT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Northern California Power Agency, Pacific Gas and Electric Company, Intervenors. NORTHERN CALIFORNIA POWER AGENCY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Calaveras County Water District, Pacific Gas and Electric Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 11, 1983.

Attorney(s) appearing for the Case

Jack F. Fallin, Jr., San Francisco, Cal., with whom Gail A. Greely and Louis E. Vincent, San Francisco, Cal., were on brief, for Pacific Gas and Elec. Co. Petitioner in 82-2021 and intervenor in 82-2026 and 82-2030. Daniel E. Gibson, San Francisco, Cal., also entered an appearance for petitioner and intervenor.

Robert C. McDiarmid, Washington, D.C., with whom Frances E. Francis and Marc R. Poirier, Washington, D.C., were on joint brief for Northern California Power Agency Petitioner in 82-2030 and intervenor in 82-2026 and 82-2021. Nancy E. Wiegers also entered an appearance for intervenor.

Christopher D. Williams, Washington, D.C., was on joint brief for Calaveras County Water Dist. Petitioner in 82-2026 and intervenor in 82-2030 and 82-2021.

Joshua Z. Rokach, F.E.R.C., Washington, D.C., with whom Charles A. Moore, Gen. Counsel and Barbara J. Weller, Deputy Sol., Washington, D.C., were on brief, for respondent.

Before GINSBURG and SCALIA, Circuit Judges, BAZELON, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GINSBURG.*

GINSBURG, Circuit Judge:

The Federal Power Act (FPA), 16 U.S.C. §§ 791a-823a (1976 & Supp. V 1981), directs the Federal Energy Regulatory Commission (FERC, or Commission) to supervise the development of the nation's navigable water resources and to license the construction and operation of hydroelectric projects on all bodies of water subject to federal jurisdiction...

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