SOUTHERN CALIFORNIA EDISON CO. v. F.E.R.C.

Nos. 95-1171, 95-1206.

116 F.3d 507 (1997)

SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, United States Department of the Interior and United States Department of Agriculture, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 1997.


Attorney(s) appearing for the Case

Nino J. Mascolo, Rosemead, CA, argued the cause for petitioner Southern California Edison Company, and Stuart K. Gardiner, San Francisco, CA, argued the cause for petitioner Pacific Gas and Electric Company. With them on the joint briefs were Carol B. Henningson and John S. Tinker, Rosemead, CA, for petitioner Southern California Edison Company, and Lindsey How-Downing, San Francisco, CA, for petitioner Pacific Gas and Electric Company.

Samuel Soopper, Attorney, Federal Energy Regulatory Commission, Mount Rainier, MD, argued the cause for respondent. With him on the brief was Jerome M. Feit, Solicitor, Washington, DC, at the time the brief was filed.

Joan M. Pepin, Attorney, U.S. Department of Justice, Washington, DC, argued the cause for intervenors in support of respondent. With her on the brief were Lois J. Schiffer, Assistant Attorney General, and John A. Bryson, Attorney. Anne S. Almy, Attorney, entered an appearance.

William J. Madden, Jr. and John A. Whittaker IV, Washington, DC, were on the brief for amici curiae Edison Electric Institute, et al., in support of petitioners. Henri D. Bartholomot entered an appearance for amicus curiae Edison Electric Institute. Wallace F. Tillman, Arlington, VA, entered an appearance for amicus curiae National Rural Electric Cooperative Association. Alan H. Richardson entered an appearance for amicus curiae American Public Power Association. Donald H. Clarke, Washington, DC, entered an appearance for amicus curiae National Hydropower Association. Stuart L. Somac, Sacramento, CA, entered an appearance for amicus curiae Arnold Beckman.

Before RANDOLPH, ROGERS and TATEL, Circuit Judges.


Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Federal Power Act authorizes the Federal Energy Regulatory Commission to issue two sorts of licenses for hydropower projects: "original licenses," for projects that have yet to be built, and "new licenses," for existing projects whose original licenses have expired. Section 4(e) of the Power Act requires the Commission to include in original licenses for projects on various types...

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