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CITY OF OCONTO FALLS, WISCONSIN v. F.E.R.C.

Nos. 98-1594, 99-1065.

204 F.3d 1154 (2000)

CITY OF OCONTO FALLS, WISCONSIN, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. City of Oswego, New York and N.E.W. Hydro, Intervenors. State of Wisconsin, Petitioner. v. Federal Energy Regulatory Commission, Respondent. N.E.W. Hydro, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided March 7, 2000.

Attorney(s) appearing for the Case

Carolyn Elefant argued the cause for petitioner City of Oconto Falls, Wisconsin.

Lorraine C. Stoltzfus, Assistant Attorney General, State of Wisconsin, argued the cause for petitioner State of Wisconsin. James E. Doyle, Attorney General, State of Wisconsin, was on brief for petitioner State of Wisconsin.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Timm L. Abendroth, Attorney, Federal Energy Regulatory Commission, was on brief for the respondent.

Paul Vincent Nolan entered an appearance for intervenor City of Oswego, New York in No. 98-1594.

Donald H. Clarke entered an appearance for intervenor N.E.W. Hydro, Inc. in Nos. 98-1594 and 99-1065.

Before: SILBERMAN, KAREN LeCRAFT HENDERSON and GARLAND, Circuit Judges.

Opinion for the court filed by Circuit Judge KAREN LeCRAFT HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

On November 13, 1997 the Federal Energy Regulatory Commission (Commission, FERC) issued a license order awarding the Oconto Falls (Wisconsin) hydroelectric project to N.E.W. Hydro (NEW). See 81 FERC ¶ 61,238 (1997). Both the City of Oconto Falls (City) and the Wisconsin Department of Natural Resources (WDNR) challenge the Commission's action...

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