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  5. 775 F.2d 1187 (1985)
 

PHOENIX HYDRO CORP. v. F.E.R.C.

Nos. 84-1197, 84-1207.

775 F.2d 1187 (1985)

PHOENIX HYDRO CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Long Lake Energy Corporation, Intervenor. PHOENIX HYDRO CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Long Lake Energy Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 5, 1985.

Attorney(s) appearing for the Case

William R. Morgan for petitioners.

Joshua Z. Rokach, Atty., F.E.R.C., Washington, D.C., with whom Michael E. Small, Atty., F.E.R.C., Washington, D.C., was on brief, for respondent.

George M. Knapp, Washington, D.C., for intervenor Long Lake Energy Corp.

Before J. SKELLY WRIGHT, TAMM, and MIKVA, Circuit Judges.

MIKVA, Circuit Judge:

A builder seeking to construct, operate, or maintain a hydroelectric generating facility must obtain a license from the Federal Energy Regulatory Commission ("the Commission"). Federal Power Act, 16 U.S.C. § 791a et seq. (1982). Congress allows an exemption from this licensing requirement for some small power projects to be built at the site of an existing dam. Phoenix Hydro Corporation ("Phoenix"), which proposed to build a small...

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