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COM. OF PA., DEPT. OF ENV. RESOURCES v. F.E.R.C.

No. 88-3175.

868 F.2d 592 (1989)

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION Respondent.

United States Court of Appeals, Third Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Kurt J. Weist (argued), M. Dukes Pepper, Jr., Martin H. Sokolow, Jr., Com. of Pa., Dept. of Environmental Resources, Harrisburg, Pa., for petitioner.

Catherine C. Cook, General Counsel, Jerome M. Feit, Sol., Frank R. Lindh (argued), Samuel Soopper, F.E.R.C., Solicitor's Office, Washington, D.C., for respondent.

Before GIBBONS, Chief Judge, SEITZ, Circuit Judge, and POLLAK, District Judge.

OPINION OF THE COURT

SEITZ, Circuit Judge.

Petitioner, the Department of Environmental Resources of the Commonwealth of Pennsylvania ("D.E.R." or "the Department") petitions this court to set aside an order of the Federal Energy Regulatory Commission ("F.E.R.C." or "the Commission"), Pennsylvania Hydroelectric Development Corporation, 42 F.E.R.C. ¶ 61,070 (1988), denying D.E.R. rehearing in the case of Commission Project No. 9167. The Department...

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