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SWANSON MIN. CORP. v. F.E.R.C.

No. 85-1189.

790 F.2d 96 (1986)

SWANSON MINING CORPORATION, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 1986.

Attorney(s) appearing for the Case

Cressey H. Nakagawa, San Francisco, Cal., with whom Peter C. Kissel and Richard G. Morgan, Washington, D.C., were on the brief for petitioners. Charles W. Garrison, Washington, D.C., also entered an appearance for petitioners.

Joanne Leveque, Atty., F.E.R.C., with whom William H. Satterfield, Gen. Counsel and Jerome M. Feit, Solicitor, F.E.R.C., Washington, D.C., were on the brief for respondent.

Before WALD, SCALIA and STARR, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioners Swanson Mining Corporation and Walter M. Gleason seek review of a decision by the Federal Energy Regulatory Commission vacating an exemption from the licensing requirements imposed by Part I of the Federal Power Act, 16 U.S.C. §§ 791a-825r. The Commission vacated the exemption on the ground that it lacked authority to grant an exemption for a project located on a...

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