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CITY OF NEW MARTINSVILLE, W.VA. v. F.E.R.C.

No. 95-1534.

102 F.3d 567 (1996)

CITY OF NEW MARTINSVILLE, WEST VIRGINIA, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 1996.

Attorney(s) appearing for the Case

Peter C. Kissel, Washington, DC, argued the cause for petitioner. With him on the briefs were Nancy J. Skancke and Monique L. Penn-Jenkins, Washington, DC.

Eric Lee Christensen, Attorney, Federal Energy Regulatory Commission, Washington, DC, argued the cause for respondent. With him on the brief was Jerome M. Feit, Solicitor, Washington, DC.

Rex L. Burford, Senior Assistant Attorney General, State of West Virginia, argued the cause for amicus curiae West Virginia Division of Natural Resources.

Before: WILLIAMS, HENDERSON, and RANDOLPH, Circuit Judges.

Opinion of the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The City of New Martinsville, West Virginia, operates a hydroelectric generating project on the Ohio River. The river marks the boundary between West Virginia and Ohio. The project, located on the West Virginia side, is part of a dam and locks system. As water flows through the project's turbines, so do fish. Most of the fish survive. But the Federal Energy Regulatory Commission...

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