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STEAMBOATERS v. F.E.R.C.

Nos. 83-7444, 83-7660, 83-7705 and 83-7754.

777 F.2d 1384 (1985)

The STEAMBOATERS, an Oregon non-profit corporation, Petitioner, v. FEDERAL ENERGY REGULATORY, COMMISSION, Kenneth Plumb, Secretary of FERC, Winchester Water Control District, and Elektra Power Corporation, Respondents, Winchester Water Control District and Elektra Power Corporation, Intervenors. Malcolm BALDRIGE, Secretary of Commerce, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Winchester Water Control District and Elektra Power Corporation, Intervenors.

United States Court of Appeals, Ninth Circuit.

December 5, 1985.

Attorney(s) appearing for the Case

Allen L. Johnson, Bill Kloos, Eugene, Or., for petitioner.

David C. Shilton, Dept. of Justice, Washington, D.C., for M. Baldrige.

Joshua Z. Rakach, F.E.R.C., Washington, D.C., Stephen T. Janik, Ball, Janik & Novack, Portland, Or., R. Keith Guthrie, Vanness, Feldman, Sutcliffe, Curtis & Levenberg, Washington, D.C., for respondents.

Before SNEED, ALARCON and NORRIS, Circuit Judges.

ORDER

In Steamboaters v. FERC, 759 F.2d 1382 (9th Cir.1985), we reversed and rescinded an order of the Federal Energy Regulatory Commission (FERC) which granted an exemption from licensing to the Winchester Dam Hydropower Project because of a failure to comply with the procedural requirements of the National Environmental Policy Act (NEPA). Intervenors now file a petition for rehearing requesting us to modify our opinion...

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