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IDAHO POWER CO. v. F.E.R.C.

No. 88-1078.

865 F.2d 1313 (1989)

IDAHO POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Horseshoe Bend Hydroelectric Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Brian R. Gish, with whom James B. Vasile, Washington, D.C., was on the brief, for petitioner.

Frank R. Lindh, Attorney, F.E.R.C., with whom Catherine Cook, General Counsel, F.E.R.C., Jerome M. Feit, Solicitor, F.E.R.C. and Joseph S. Davies, Attorney, F.E.R.C., Washington, D.C., were on the brief, for respondent.

Robert F. Shapiro, with whom Amy S. Koch, Washington, D.C., was on the brief, for intervenor. Rigdon H. Boykin, New York City, entered an appearance for intervenor.

Before ROBINSON, EDWARDS and WILLIAMS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Idaho Power Company petitions this court to set aside the Federal Energy Regulatory Commission's decision to license construction of a hydroelectric plant at Horseshoe Bend, a site on the Payette River in Boise County, Idaho. See Boise Cascade Corp., 36 F.E.R.C. ¶ 61,135 (1986) (the "Licensing Order"), request for reh'g denied, sub nom. Horseshoe...

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