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TOWN OF SUMMERSVILLE, W. VA. v. F.E.R.C.

No. 84-1517.

780 F.2d 1034 (1986)

TOWN OF SUMMERSVILLE, WEST VIRGINIA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Friends of the Earth, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1986.

Attorney(s) appearing for the Case

George F. Bruder, Washington, D.C., for petitioner.

Andrea Wolfman, Washington, D.C., for respondent. Jerome M. Feit, Sol. and John N. Estes, III, Atty., F.E.R.C., Washington, D.C., were on the brief for respondent.

Paula Dinerstein, Washington, D.C., for intervenor, Friends of the Earth.

Before WALD, GINSBURG and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This case represents a highwater mark in misunderstanding between a municipal applicant for a license for a hydroelectric dam and the Federal Energy Regulatory Commission (FERC or the Commission). The Town of Summersville, West Virginia (Summersville) challenges FERC's dismissal of Summersville's application for a license to develop a hydroelectric project on the Gauley River in West Virginia...

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