KOKAJKO v. U.S.F.E.R.C.

No. 88-1498.

873 F.2d 419 (1989)

John KOKAJKO, d/b/a Voyagers Whitewater, Petitioner, v. UNITED STATES FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Central Maine Power Company, A Maine Corporation, Intervenor.

United States Court of Appeals, First Circuit.

Decided April 26, 1989.


Attorney(s) appearing for the Case

Robert Edmond Mittel with whom Mittel & Hefferan, Portland, Me., was on brief, for petitioner.

Hanford O'Hara, Washington, D.C., with whom Catherine C. Cook, Gen. Counsel, and Joseph S. Davies, Deputy Sol., were on brief, for respondent.

Thomas E. Mark, New York City, with whom Sarah A. Verville, Augusta, Me., John S. Pruitt, New York City, David A. Rich and LeBoeuf, Lamb, Leiby & MacRae, Boston, Mass., were on brief, for intervenor.

Before CAMPBELL, Chief Judge, TORRUELLA and SELYA, Circuit Judges.


LEVIN H. CAMPBELL, Chief Judge.

John Kokajko petitions this court to review the dismissal by the Federal Energy Regulatory Commission ("Commission") of his complaint filed with the Commission. Kokajko's complaint challenged a fee charged by Central Maine Power Company ("CMP"), the operator of a hydroelectric power plant, for the use of recreational facilities on CMP's property by commercial rafting operators such as Kokajko. We sustain the Commission's dismissal of...

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