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CITY OF FREDERICKSBURG, VA. v. F.E.R.C.

No. 88-3616.

876 F.2d 1109 (1989)

CITY OF FREDERICKSBURG, VA, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1989.

Attorney(s) appearing for the Case

James Morgan Pates, for petitioner.

Hanford O'Hara, Washington, D.C., (Catherine C. Cook, Gen. Counsel, Jerome M. Feit, Sol., Washington, D.C., on brief), for respondent.

Before MURNAGHAN, Circuit Judge, STAKER, District Judge for the Southern District of West Virginia, sitting by designation, and HOWARD, District Judge for the District of Maryland, sitting by designation.

MURNAGHAN, Circuit Judge:

Commonwealth Hydroelectric, Inc. ("CHI") applied for a license from the Federal Energy Regulatory Commission ("FERC") to build an electricity-generating powerhouse at the Embrey Dam on the Rappahannock River near Fredericksburg, Virginia. The City of Fredericksburg, which now owns the dam and derives its water supply from the dam's reservoir, intervened in the licensing proceedings to oppose CHI...

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