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APPOMATTOX RIVER WATER AUTHORITY v. F.E.R.C.

No. 83-1932.

736 F.2d 1000 (1984)

APPOMATTOX RIVER WATER AUTHORITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Brasfield Development Ltd., Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided June 21, 1984.

Attorney(s) appearing for the Case

McNiell Watkins, II, Washington, D.C. (Bishop, Liberman, Cook, Purcell & Reynolds, Washington, D.C., on brief), for petitioner.

Joel M. Cockrell, Washington, D.C. (Stephen R. Melton, Acting Gen. Counsel, Barbara J. Weller, Deputy Sol., Washington, D.C., on brief), for respondent.

Peter C. Lesch, Washington, D.C. (Gallagher, Boland, Meiburger & Brosnan, Washington, D.C., on brief), for intervenor Brasfield Development Ltd.

Before HALL, ERVIN, and CHAPMAN, Circuit Judges.

K.K. HALL, Circuit Judge:

Appomattox River Water Authority (the "Authority") petitions for review of an order by the Federal Energy Regulatory Commission (the "FERC") issuing a preliminary permit to Brasfield Dam Development, Ltd. ("Brasfield"), and denying a permit to the Authority, for exploration of the development of hydroelectric power. We affirm.

I.

The George F. Brasfield Dam is located on the Appomattox...

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