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CITY OF ORRVILLE, OHIO v. F.E.R.C.

No. 97-1352.

147 F.3d 979 (1998)

CITY OF ORRVILLE, OHIO and Pike Island Hydro Associates, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1998.

Attorney(s) appearing for the Case

Carolyn Elefant argued the cause for the petitioners. Paul V. Nolan was on brief.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondents. Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor, Federal Energy Regulatory Commission, were on brief. Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, entered an appearance.

Before: SILBERMAN, HENDERSON and ROGERS, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge:

Pike Island Hydro Associates (PIHA) formerly held the permit, and the City of Orrville formerly held the license, for a hydroelectric project at the Pike Island Locks and Dam (the Pike Island project) on the Ohio River. PIHA challenges an order issued by the Federal Energy Regulatory Commission (FERC or Commission) that amends the license for a hydroelectric project at the New Cumberland...

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