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CLIFTON POWER CORP. v. F.E.R.C.

No. 01-1139.

294 F.3d 108 (2002)

CLIFTON POWER CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 2002.

Attorney(s) appearing for the Case

Carolyn Elefant argued the cause for petitioner. With her on the briefs was Paul V. Nolan.

Judith A. Albert, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Before: GINSBURG, Chief Judge, and ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

Clifton Power Corporation petitions for review of an order of the Federal Energy Regulatory Commission imposing a civil penalty in the amount of $15,000. Because the petition is incurably premature, we dismiss it for want of jurisdiction.

I. Background

Clifton operates a hydroelectric power project on the Pacolet River in South Carolina. In 1991 the Commission issued...

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