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BLUESTONE ENERGY DESIGN, INC. v. F.E.R.C.

Nos. 91-1288, 93-1829.

74 F.3d 1288 (1996)

BLUESTONE ENERGY DESIGN, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1996.

Attorney(s) appearing for the Case

Carolyn Elefant argued the cause and filed the briefs, Washington, DC, for petitioner. Paul V. Nolan entered an appearance.

Katherine Waldbauer, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent, with whom Jerome M. Feit, Solicitor, Washington, DC, was on the brief.

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

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Federal Energy Regulatory Commission cited Bluestone Energy Design, Inc. for failing to comply with safety regulations governing small hydroelectric power plants and assessed a penalty of $206,100. We affirm the Commission's findings that Bluestone violated the relevant safety regulations. We find, however, that in determining the amount of the fine, the Commission exceeded its authority...

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