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CITY OF SEATTLE v. F.E.R.C.

No. 88-1716.

883 F.2d 1084 (1989)

The CITY OF SEATTLE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 1, 1989.

Attorney(s) appearing for the Case

Walter L. Williams, with whom Brian V. Faller, Seattle, Wash., was on the brief, for petitioner.

Robert H. Solomon, Atty., F.E.R.C. ("FERC"), with whom Catherine C. Cook, Gen. Counsel, and Joseph S. Davies, Deputy Sol., FERC, Washington, D.C., were on the brief, for respondent.

Before WALD, Chief Judge, and RUTH BADER GINSBURG and BUCKLEY, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

The City of Seattle petitions for review of Federal Energy Regulatory Commission ("FERC" or "Commission") orders holding Seattle liable for certain annual charges, which were billed in 1985, for its use of federal lands to operate a Commission-licensed hydroelectric project from 1977 to 1985. FERC ruled that because the City had agreed to subject its license to all the Federal Power...

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