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THOMAS HODGSON & SONS, INC. v. F.E.R.C.

Nos. 93-1503, 94-1752.

49 F.3d 822 (1995)

THOMAS HODGSON & SONS, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, First Circuit.

Decided March 13, 1995.

Attorney(s) appearing for the Case

Howard M. Moffett, with whom Orr & Reno, P.A., Concord, NH, was on brief, for petitioner.

Joel M. Cockrell, Atty., with whom Susan Tomasky, General Counsel, and Jerome M. Feit, Sol., F.E.R.C., Washington, DC, were on brief, for respondent.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and CYR, Circuit Judge.

BOWNES, Senior Circuit Judge.

Petitioner, Thomas Hodgson and Sons, Inc. (Hodgson), appeals from a second order by respondent, the Federal Energy Regulatory Commission (FERC), denying Hodgson a rehearing, and from FERC's finding that the operation of Hodgson's China Mill hydro-electric plant (China Mill) came under the licensing jurisdiction of Section 23(b) of the Federal Power Act (FPA)21 pursuant to FERC's "post-1935 construction" rule...

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