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WOOLEN MILL ASSOCIATES v. F.E.R.C.

Nos. 89-1388, 89-1389.

917 F.2d 589 (1990)

WOOLEN MILL ASSOCIATES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Burlington Electric Department, City of Winooski, Vermont, Winooski One Partnership, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 30, 1990.

Attorney(s) appearing for the Case

Carmen L. Gentile, with whom David E. Goroff and William J. Collins, Washington, D.C., were on the brief, for petitioner in 89-1388 and 89-1389.

Katherine Waldbauer, Atty., F.E.R.C., with whom William S. Scherman, General Counsel, and Joseph S. Davies, Deputy Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent in both cases.

Peter C. Kissel, with whom Elisa J. Grammer, Washington, D.C., for Winooski One Partnership, Frances E. Francis and Marc R. Poirier, Washington, D.C., for Burlington Elec. Dept., and William J. Madden, Jr., Washington, D.C., for City of Winooski, were on the joint brief, for intervenors in both cases. William E. Wargo, Winooski, Vt., also entered an appearance, for intervenor City of Winooski.

Before MIKVA, SILBERMAN and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge HENDERSON.

HENDERSON, Circuit Judge:

The petitioner in these consolidated proceedings, Woolen Mill Associates ("WMA"), seeks review of orders issued by respondent Federal Energy Regulatory Commission (the "Commission") which (1) granted a license to the intervenors, The City of Burlington Electric Department ("Burlington") and the Winooski One Partnership (the "Partnership"), to construct, operate and maintain a...

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