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OCONTO FALLS, WI v. F.E.R.C.

No. 93-1340.

41 F.3d 671 (1994)

OCONTO FALLS, WI, and the American Public Power Association, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, N.E.W. Hydro, Inc.; Wisconsin Electric Power Company; City of Oswego, New York; Carl Hitchcock; Energie Development Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 1994.

Attorney(s) appearing for the Case

Carolyn Elefant, Washington, DC, argued the cause and filed the briefs, for petitioners. Gregg D. Ottinger, Washington, DC, entered an appearance.

Samuel Soopper, Atty., F.E.R.C., Washington, DC, argued the cause for respondent. On the brief were Jerome M. Feit, Sol., Joseph S. Davies, Deputy Sol., and Timm Abendroth, Atty., F.E.R.C., Washington, DC.

Donald H. Clarke, Washington, DC, entered an appearance, for intervenor N.E.W. Hydro, Inc. McNeill Watkins, II, Washington, DC, entered an appearance for intervenor Wisconsin Elec. Power Co., Paul V. Nolan, Washington, DC, entered an appearance, for intervenor City of Oswego, NY. Gail A. Greely, Alameda, CA, entered an appearance, for intervenors Carl Hitchcock and Energie Development Co., Inc.

Before: SILBERMAN, GINSBURG, and ROGERS, Circuit Judges.

Opinion of the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The City of Oconto Falls, Wisconsin ("Oconto Falls") and the American Public Power Association petition for review of an order by the Federal Energy Regulatory Commission ("FERC") denying application of the Federal Power Act's municipal preference, 16 U.S.C. § 800(a) (1988) ("Section 7(a)"), in licensing proceedings for "orphaned" projects, namely facilities for which the licensee...

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