BANGOR HYDRO-ELEC. v. FED. ENERGY REGULATORY COM'N

No. 95-1083.

78 F.3d 659 (1996)

BANGOR HYDRO-ELECTRIC COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. United States Department of the Interior; United States Department of Commerce, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1996.


Attorney(s) appearing for the Case

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

Edward S. Geldermann, Attorney, Federal Energy Regulatory Commission, Bethesda, 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. Eric L. Christensen, Washington, DC, entered an appearance.

Jonathan F. Klein, Attorney, United States Department of Justice, Washington, DC, argued the cause for intervenors, with whom Lois J. Schiffer, Assistant Attorney General, Anne S. Almy, and John A. Bryson, attorneys, were on the brief.

Henri D. Bartholomot and Donald H. Clarke, Washington, DC, were on the joint brief for amici curiae.

Before: SILBERMAN, BUCKLEY, and ROGERS, Circuit Judges.


SILBERMAN, Circuit Judge:

Bangor Hydro-Electric petitions for review of a FERC order requiring it to comply with a Department of Interior fishing prescription. Interior has not provided reasonable support for its prescription, and we therefore grant the petition.

I.

The Federal Energy Regulatory Commission issued Bangor a license to continue to operate a hydropower facility located on the Union River in Ellsworth, Maine. The license required Bangor...

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