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NORTHERN COLO. WATER CONSERVANCY DIST. v. F.E.R.C.

No. 82-1576.

730 F.2d 1509 (1984)

NORTHERN COLORADO WATER CONSERVANCY DISTRICT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Energenics Systems, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 27, 1984.

Attorney(s) appearing for the Case

Thomas P. Humphrey, Washington, D.C., for petitioner. Jeffrey H. Howard, Washington, D.C., entered an appearance for petitioner.

Joseph Davies, Atty., F.E.R.C., Washington, D.C., for respondent. Charles A. Moore, Gen. Counsel, Barbara J. Weller, Deputy Sol., and Joshua Z. Rokach and Thajauna D. Miller, Attys., F.E.R.C., Washington, D.C., were on the brief for respondent.

Andrea Hill, Washington, D.C., was on the brief for intervenor.

Before WRIGHT and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Concurring opinion filed by Senior Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge.

This case involves the unsuccessful efforts of the Northern Colorado Water Conservancy District (NCWCD), a political subdivision of the State of Colorado, to reopen a preliminary permit proceeding of the Federal Energy Regulatory Commission (FERC or Commission).1 On...

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