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SOUTH CAROLINA PUBLIC SERVICE AUTHORITY v. F.E.R.C.

No. 87-1146.

850 F.2d 788 (1988)

SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1988.

Attorney(s) appearing for the Case

Carmen D. Legato, with whom Vern R. Walker, Gary L. Kaplan and Helen E. Disenhaus, Washington, D.C., were on the brief, for petitioner.

Joshua Z. Rokach, Atty., F.E.R.C., with whom Catherine C. Cook, General Counsel and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Before D.H. GINSBURG and SENTELLE, Circuit Judges, and MARKEY, Chief Judge, United States Court of Appeals for the Federal Circuit.

Opinion for the Court by Circuit Judge D.H. GINSBURG.

D.H. GINSBURG, Circuit Judge:

The South Carolina Public Service Authority (SCPSA or the State) owns and operates a hydroelectric project on the Santee and Cooper Rivers near Charleston, South Carolina. The project, which is licensed by the respondent Federal Energy Regulatory Commission under the Federal Power Act, 16 U.S.C. § 791a et seq. (1982 & Supp. IV 1986), includes a 4.38 mile dam...

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