CLARK-COWLITZ JOINT OPERATING AGENCY v. F.E.R.C.

No. 83-2111.

775 F.2d 359 (1985)

CLARK-COWLITZ JOINT OPERATING AGENCY, Appellant, v. FEDERAL ENERGY REGULATORY COMMISSION.

United States Court of Appeals, District of Columbia Circuit.

Decided October 22, 1985.

As Amended October 24, 1985.


Attorney(s) appearing for the Case

George H. Williams, Jr., Washington, D.C., with whom Christopher D. Williams, Washington, D.C., was on brief, for appellant.

Ellen K. Schall, Atty., F.E.R.C., Washington, D.C., with whom Stephen R. Melton, Acting Gen. Counsel, Jerome M. Feit, Sol., and Michael Schopf, Deputy Gen. Counsel for Legal and Administrative Affairs, F.E.R.C., were on brief, for appellee. A. Karen Hill, Atty., F.E.R.C., Washington, D.C., entered an appearance for appellee.

Senator Lawton Chiles (pro se), was on brief, for amicus curiae (Senator Lawton Chiles), urging reversal.

Before ROBINSON, Chief Judge, and WRIGHT, and MIKVA, Circuit Judges.


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

J. SKELLY WRIGHT, Circuit Judge:

Founded on the principle that "government should conduct the public's business in public,"1 the Government in the Sunshine Act, 5 U.S.C. § 552b (1982), directs that, unless within the compass of one of ten narrowly drawn exceptions, deliberations of a multi-member federal agency must be open to public view. One of those exceptions...

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