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

No. 83-2231.

775 F.2d 366 (1985)

CLARK-COWLITZ JOINT OPERATING AGENCY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, People of the State of California, et al., Pacific Power & Light Company, Edison Electric Institute, Sacramento Municipal Utility District, et al., Pacific Gas & Electric Company, Public Utility Commissioner of the State of Oregon, Washington State Department of Fisheries, et al., American Paper Institute, Inc., City of Santa Clara, California, et al., American Public Power Association, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 22, 1985.

As Amended October 24 and 28, 1985.

Rehearing Granted, Judgment and Opinion Vacated January 16, 1985.


Attorney(s) appearing for the Case

Christopher D. Williams, Washington, D.C., with whom Robert L. McCarty, Washington, D.C., was on brief, for petitioner.

Jerome M. Feit, Sol., Federal Energy Regulatory Commission, Washington, D.C., with whom Arlene P. Groner, Atty., Federal Energy Regulatory Commission, Washington, D.C., was on brief, for respondent.

Hugh Smith, Portland, Or., with whom Thomas H. Nelson, Portland, Or., was on brief, for intervenor Pacific Power & Light Company.

James M. Johnson, Olympia, Wash., for intervenors Washington State Department of Fisheries, et al.

Robert C. McDiarmid, Daniel I. Davidson, Frances E. Francis, Marc R. Poirier, G. Philip Nowak and Charles H. Cochran, Washington, D.C., for intervenors Sacramento Municipal Utility District, et al.

James B. Liberman, Washington, D.C., Ira H. Jolles, New York City, and Peter B. Kelsey, Washington, D.C., were on the brief, for intervenors Edison Electric Institute.

Rigdon H. Boykin, New York City, was on brief for intervenor American Paper Institute, Inc.

W. Benny Won, Salem, Or., was on brief for intervenor Public Utility Commissioner of the State of Oregon.

Frederick H. Ritts and Mark D. Nozette, Washington, D.C., were on brief for intervenor American Public Power Association.

J. Calvin Simpson, San Francisco, Cal., entered an appearance for intervenor People of the State of California, et al.

Robert C. McDiarmid and Frances E. Francis, Washington, D.C., entered an appearance for intervenor City of Santa Clara, California, et al.

Malcolm H. Furbush, San Francisco, Cal., entered an appearance for intervenor Pacific Gas & Electric Co.

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


Rehearing En Banc Granted, Judgment and Opinion Vacated January 16, 1985.

MIKVA, Circuit Judge:

This case involves a contest over a license to run a major hydroelectric power project in the state of Washington. Its significance, however, extends substantially beyond the instant dispute and raises important questions about the meaning of § 7(a) of the Federal Power Act, 16 U.S.C. § 800(a) (1982), the significance of the definitive precedent interpreting...

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