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COOLEY v. F.E.R.C.

No. 87-1249.

843 F.2d 1464 (1988)

Marjorie Linder COOLEY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 1988.

Attorney(s) appearing for the Case

McNeill Watkins, II, with whom Steven J. Riggs, Washington, D.C., were on the brief, for petitioner.

Hanford O'Hara, Atty., F.E.R.C., with whom Catherine C. Cook, Gen. Counsel and Jerome M. Feit, Sol., F.E.R.C., were on the brief, for respondent. Joseph S. Davies, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Michael N. McCarthy, Washington, D.C., was on the brief, for intervenor Clifton Power Corp.

Before WALD, Chief Judge, EDWARDS and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

This is an appeal from a grant by the Federal Energy Regulatory Commission (FERC or the Commission) of a license to Clifton Power Corporation (Clifton) for the operation of a small hydroelectric plant on the Pacolet River, in Spartanburg County, South Carolina. The license is challenged by Marjorie Linder Cooley, the owner of a one-half acre strip of riparian land flooded by the project.<...

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