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FOURTH BRANCH ASSOC. (MECHANICVILLE) v. F.E.R.C.

No. 00-1173.

253 F.3d 741 (2001)

FOURTH BRANCH ASSOCIATES (MECHANICVILLE), Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Niagara Mohawk Power Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 19, 2001.

Attorney(s) appearing for the Case

Ben Finkelstein argued the cause for petitioner. With him on the briefs were Frances E. Francis, William S. Huang and Andrea G. Lonian.

Monique L. Watson, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Dennis Lane, Solicitor.

William J. Mertens was on the brief for intervenor.

Before: EDWARDS, Chief Judge, SENTELLE and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

The Federal Energy Regulatory Commission ("FERC") issued a joint license to Fourth Branch Associates (Mechanicville) and Niagara Mohawk Power Corporation to redevelop the Mechanicville Hydroelectric Plant, owned by Niagara Mohawk. The relationship between the co-licensees eroded, and a spate of litigation ensued. Within two years of receiving the license, Fourth Branch filed a...

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