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CITY OF OSWEGO, N.Y. v. F.E.R.C.

No. 95-1539.

97 F.3d 1490 (1996)

CITY OF OSWEGO, NEW YORK, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided October 18, 1996.

Attorney(s) appearing for the Case

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

Eric L. Christensen, Attorney, Federal Energy Regulatory Commission, argued the cause, for respondent, with whom Jerome M. Feit, Solicitor, Washington, DC, and Joseph S. Davies, Deputy Solicitor, were on the brief. Edward S. Geldermann, Attorney, Bethesda, MD, entered an appearance.

Before: RANDOLPH, ROGERS and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The City of Oswego, New York, petitions for review of three orders by the Federal Energy Regulatory Commission ("FERC") relating to the High Dam project, a hydroelectric power plant located on the Oswego River. In the orders, FERC issued the City a license to operate the project, but imposed retroactive annual fees for a period of unauthorized operation from 1949 to 1991 and denied...

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