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KEATING v. F.E.R.C.

No. 90-1080.

927 F.2d 616 (1991)

Joseph M. KEATING, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, State of California, ex rel. California State Water Resources Control Board, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 8, 1991.

On Denial of Intervenor's Petition for Rehearing May 10, 1991.

Attorney(s) appearing for the Case

Robin L. Rivett, with whom Ronald A. Zumbrun, Sacramento, Cal., was on the brief, for petitioner.

Joel M. Cockrell, Atty., F.E.R.C., with whom William S. Scherman, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent.

Roderick E. Walston, Supervising Deputy Atty. Gen., San Francisco, Cal., was on the brief, for intervenor. Clifford T. Lee, San Francisco, Cal., also entered an appearance, for intervenor.

Before MIKVA, Chief Judge, EDWARDS and THOMAS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The petitioner in this case, Joseph M. Keating, challenges a decision by the Federal Energy Regulatory Commission ("FERC") dismissing his application for a license to construct and operate a hydroelectric power plant. In rejecting the petitioner's license application, FERC ruled that Keating did not have the necessary state...

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