KELLEY v. FEDERAL ENERGY REGULATORY COM'N

No. 95-1509.

96 F.3d 1482 (1996)

Frank J. KELLEY, Attorney General of the State of Michigan, ex rel., MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Indiana Michigan Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 8, 1996.


Attorney(s) appearing for the Case

Jeremy M. Firestone, Assistant Attorney General, State of Michigan, Lansing, MI, argued the causes for petitioner, with whom Thomas L. Casey, Solicitor General, was on the briefs.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, Mount Ranier, MD, argued the cause for respondent, with whom Jerome M. Feit, Solicitor, Washington, DC, and Joseph S. Davies, Deputy Solicitor, Bethesda, MD, were on the brief.

William J. Madden, Jr., Washington, DC, argued the cause for intervenor, with whom John A. Whittaker, IV was on the brief.

Henri D. Bartholomot, James K. Mitchell and Benjamin S. Sharp, Washington, DC, were on the brief for amicus curiae Edison Electric Institute, et al.

Ronald J. Wilson, Washington, DC, was on the brief for amicus curiae, Michigan Hydro Relicensing Coalition, et al.

Philip Peterson, Assistant Attorney General, Wisconsin Department of Justice, Madison, WI, was on the brief for amici curiae the States of Minnesota and Wisconsin.

Before: WALD, SILBERMAN, and SENTELLE, Circuit Judges.


Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

The Michigan Department of Natural Resources (Michigan) petitions for review of a license the Federal Energy Regulatory Commission issued to the Indiana Michigan Power Company (the Company) to operate the Constantine Project, a 94-year-old hydroelectric-generating facility located on the St. Joseph River in Constantine, Michigan. Michigan challenges FERC's refusal to require...

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