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CLIFTON POWER CORP. v. F.E.R.C.

Nos. 94-1775, 95-1220 and 95-1257.

88 F.3d 1258 (1996)

CLIFTON POWER CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1996.

Attorney(s) appearing for the Case

Carolyn Elefant, Washington, DC, with whom Paul V. Nolan was on the briefs, argued the cause for petitioner.

Katherine Waldbauer, Attorney, Federal Energy Regulatory Commission, with whom Jerome M. Feit, Solicitor, and Joseph S. Davies, Deputy Solicitor, were on the brief, Washington, DC, argued the cause for respondent.

Before: WALD, WILLIAMS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Federal Energy Regulatory Commission assessed a $122,100 penalty against the operator of a small, hydroelectric power project on the Pacolet River in South Carolina for violating a compliance order and the requirement of its license that it install and operate to the Commission's satisfaction certain measurement devices. Although we affirm...

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