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CITY OF GILLETTE, WYO. v. F.E.R.C.

No. 82-2084.

737 F.2d 883 (1984)

CITY OF GILLETTE, WYOMING, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

June 28, 1984.

Attorney(s) appearing for the Case

Frances E. Francis, Washington, D.C. (Alan J. Roth, P. Daniel Bruner, and Ben Finkelstein, Washington, D.C., with him on the brief) of Spiegel & McDiarmid, Washington, D.C., for petitioner.

Arlene Pianko Groner, Atty., F.E.R.C., Washington, D.C. (Charles A. Moore, Gen. Counsel, Kristina Nygaard, Asst. Gen. Counsel, Thajauna D. Miller and Don Garber, Attys., Washington, D.C., on the brief), for respondent.

Before HOLLOWAY and LOGAN, Circuit Judges, and ARRAJ, District Judge.

LOGAN, Circuit Judge.

The city of Gillette, Wyoming, appeals from two orders of the Federal Energy Regulatory Commission (FERC) rejecting Gillette's application for a preliminary permit to study a proposed hydroelectric project. Under the Federal Power Act, 16 U.S.C. §§ 791a-825r, the FERC may issue licenses for developing hydroelectric projects at federal dams. 16 U.S.C. § 797(e). A preliminary permit gives the recipient the exclusive right to study...

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