EAST COLUMBIA BASIN IRR. DIST. v. F.E.R.C.

Nos. 84-1001, 84-1003 and 85-1852.

946 F.2d 1550 (1991)

EAST COLUMBIA BASIN IRRIGATION DISTRICT, Quincy-Columbia Basin Irrigation District, South Columbia Basin Irrigation District, City of Tacoma and City of Seattle, City Light Department, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided September 10, 1991.

As Amended October 29, 1991.


Attorney(s) appearing for the Case

McNeil Watkins II, Washington, D.C., for petitioners.

Joshua Z. Rokach, Atty., F.E.R.C., with whom Catherine C. Cook, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, D.C., were on the brief, for respondent. John H. Conway, Atty., F.E.R.C., Washington, D.C., also entered an appearance for respondent.

Before D.H. GINSBURG and BOGGS, Circuit Judges, and SPOTTSWOOD W. ROBINSON, III, Senior Circuit Judge.


Opinion for the Court filed by Senior Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Senior Circuit Judge:

Petitioners, a consortium of three irrigation districts (the Districts) and two cities (the Cities), contest orders of the Federal Energy Regulatory Commission imposing charges for the privilege of constructing and operating hydroelectric power plants at three locations within the Columbia...

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