No. 87-7538.

877 F.2d 743 (1989)

STATE OF CALIFORNIA, ex rel. STATE WATER RESOURCES BOARD, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Rock Creek Limited Partnership, Intervenor.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn January 5, 1989.

Resubmitted January 27, 1989.

Decided June 6, 1989.

Attorney(s) appearing for the Case

John K. Van de Kamp, Atty. Gen., State of Cal., Clifford T. Lee and Roderick E. Walston, Deputy Attys. Gen., San Francisco, Cal., for petitioner.

Catherine C. Cook, General Counsel, Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., for respondent.

Louis Touton, Jones, Day, Reavis & Pogue, Los Angeles, Cal., for intervenor.

Before HUG, TANG and BOOCHEVER, Circuit Judges.

HUG, Circuit Judge:

The State of California petitions us to review the Federal Energy Regulatory Commission's decision finding exclusive federal control over the setting of hydroelectric power project water flow rates. After examining the preemption implications of the Federal Power Act ("FPA"), 16 U.S.C. §§ 791a-825r (1982 & Supp. V 1987), we affirm the Commission's conclusion that the Act awards the federal government sole authority to set flow rates...

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