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CITY OF FREMONT v. F.E.R.C.

Nos. 02-71477, 02-71573.

336 F.3d 910 (2003)

CITY OF FREMONT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pacific Gas And Electric Company, Respondent-Intervenor. Northern California Power Agency, Petitioner, v. Federal Energy Regulatory Commission, Respondent, Pacific Gas and Electric Company, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed July 16, 2003.

Attorney(s) appearing for the Case

Howard V. Golub, Nixon Peabody LLP, San Francisco, CA, and Frances M. Francis, Spiegel & McDiarmid, Washington, D.C., for the petitioners and amicus.

Larry D. Gasteiger, Federal Energy Regulatory Commission, Washington, DC, for the respondent.

William J. Madden, Jr., Winston & Strawn, Washington, DC, for the respondent-intervenor.

Before: CANBY, JR., KLEINFELD, and RAWLINSON, Circuit Judges.

OPINION

CANBY, Circuit Judge.

Pacific Gas and Electric Co. ("PG & E") operates a hydroelectric plant in California under a fifty-year license due to expire on September 30, 2003. After properly giving notice of its intention to apply for a new license, PG & E missed the application deadline of October 1, 2001, by one day because of a mail room error. The Federal Energy Regulatory Commission ("FERC") was generally merciful: it did not accept the late...

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