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PUBLIC SERVICE CO. OF COLORADO v. F.E.R.C.

Nos. 82-2119, 82-2180 and 84-1343.

754 F.2d 1555 (1985)

PUBLIC SERVICE COMPANY OF COLORADO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. COLORADO RIVER WATER CONSERVATION DISTRICT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. PUBLIC SERVICE COMPANY OF COLORADO, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Tenth Circuit.

February 15, 1985.

Attorney(s) appearing for the Case

Donald H. Hamburg, Gen. Counsel, Glenwood Springs, Colo. (Robert L. McCarty and Michael N. McCarty of McCarty, Noone & Williams, Washington, D.C., with him on the brief), for petitioner Colorado River Water Conservation Dist.

Andrea Wolfman, Atty., Washington, D.C. (William H. Satterfield, Gen. Counsel, Stephen R. Melton, Acting Gen. Counsel, and Jerome M. Feit, Sol., Washington, D.C., with her on the briefs), for respondent F.E.R.C.

James R. McCotter, Denver, Colo. (Timothy J. Flanagan, Denver, Colo., with him on the briefs) of Kelly, Stansfield & O'Donnell, Denver, Colo., for petitioner Public Service Co. of Colorado.

Before BARRETT, DOYLE and SEYMOUR, Circuit Judges.

BARRETT, Circuit Judge.

The Public Service Company of Colorado (PSC) and the Colorado River Water Conservation District (CRWCD), an intervenor in the administrative proceedings, petition this Court for review of two orders of the Federal Energy Regulatory Commission (FERC). In its "Order Providing For Hearing," Docket No. HB24-63-3, February 10, 1982, 18 FERC ¶ 61,110, FERC determined that PSC was liable to pay the United States for headwater benefits received...

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