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HIRSCHEY v. F.E.R.C.

No. 82-2170.

701 F.2d 215 (1983)

Mary Jane Ruderman HIRSCHEY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Long Lake Energy Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided February 25, 1983.

As Amended February 25, 1983.

Attorney(s) appearing for the Case

William J. Kenney, Washington, D.C., for petitioner.

Andrea Wolfman, Atty., F.E.R.C., with whom Barbara J. Weller, Deputy Sol., F.E. R.C., Washington, D.C., was on brief, for respondent.

Ann L. Rasenberger, with whom Marvin S. Lieberman, Washington, D.C., was on brief, for intervenor.

Before EDWARDS and SCALIA, Circuit Judges, and VAN DUSEN, Senior Circuit Judge, United States Court of Appeals for the Third Circuit.

Opinion for the Court filed by EDWARDS, Circuit Judge.

HARRY T. EDWARDS, Circuit Judge:

Petitioner Mary Jane Ruderman Hirschey seeks review of a Federal Energy Regulatory Commission ("FERC" or "Commission") order vacating her exemption from the licensing requirements of the Federal Power Act, 16 U.S.C. §§ 791a to 825r (1976 & Supp. V 1981) ("FPA" or "Act"). Because, on the facts of this case, the FERC had no authority to vacate petitioner's exemption...

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