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HABERSHAM MILLS v. F.E.R.C.

No. 91-8790.

976 F.2d 1381 (1992)

HABERSHAM MILLS, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Eleventh Circuit.

November 10, 1992.

Attorney(s) appearing for the Case

Scott M. Phelps, John E. Goodman, Bradley Arant Rose & White, Birmingham, Ala., for petitioner.

Lois M. Cashell, Secretary, F.E.R.C., Jerome M. Feit, Sol., Samuel Soopper, Washington, D.C., National Marine Fisheries Service, N.E. Regional Office, Legal Dept., Gloucester, Mass., G.R. Cothran, III, Parks and Historic Sites Div., Dept. of Natural Resources, Atlanta, Ga., Eric Christensen, F.E.R.C., Washington, D.C., for respondent.

Before KRAVITCH and COX, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

This appeal challenges the jurisdiction of the Federal Energy Regulatory Commission (the "Commission") to require licenses for two small hydroelectric projects on a nonnavigable river in Georgia. The sole issue is whether the Commission correctly determined that the projects affect interstate commerce within the meaning of 16 U.S.C. § 817(1) (1988). We affirm the Commission's orders asserting jurisdiction...

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