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CONSOLIDATED HYDRO, INC. v. F.E.R.C.

No. 91-1135.

968 F.2d 1258 (1992)

CONSOLIDATED HYDRO, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

John D. Gleason, with whom John W. Bernotavicz, Portland, Me., and Donald H. Clarke, Washington, D.C., were on the brief, for petitioner.

Katherine Waldbauer, Atty., Federal Energy Regulatory Com'n ("FERC"), with whom William S. Scherman, Gen. Counsel, and Jerome M. Feit, Sol., FERC, Washington, D.C., were on the brief, for respondent.

Before BUCKLEY, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Consolidated Hydro, Inc. petitions for review of a determination by the Federal Energy Regulatory Commission that a hydroelectric project at Damariscotta Mills in Lincoln County, Maine is subject to its licensing jurisdiction because it is located on "navigable waters" as defined in the Federal Power Act. Petitioner challenges as unsupported by substantial evidence the agency's alternative...

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