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GRANHOLM EX REL. MICHIGAN v. F.E.R.C.

No. 98-1276.

180 F.3d 278 (1999)

Jennifer M. GRANHOLM ex rel. MICHIGAN DEPARTMENT OF NATURAL RESOURCES, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Upper Peninsula Power Company, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 1999.

Attorney(s) appearing for the Case

Pamela J. Stevenson, Assistant Attorney General, State of Michigan, argued the cause for petitioner. With her on the briefs were Thomas L. Casey, Solicitor General, and Alan F. Hoffman, Assistant Attorney General. John C. Scherbarth, Assistant Attorney General, entered an appearance.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Jay L. Witkin, Solicitor.

Amy S. Koch and Linda C. Ray were on the brief for intervenor Upper Peninsula Power Company.

Before: GINSBURG, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

Michigan's Attorney General, on behalf of the state's Department of Natural Resources, filed a petition for judicial review of three Federal Energy Regulatory Commission orders issued in connection with an application by the Mead Corporation for a hydroelectric power license. We hold that Michigan's failure to seek rehearing of the Commission's "Order on Remand" deprives the court...

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