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HYDRO INVESTORS, INC. v. F.E.R.C.

No. 02-1273.

351 F.3d 1192 (2003)

HYDRO INVESTORS, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Algonquin Power Corporation Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 2003.

Attorney(s) appearing for the Case

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

Beth G. Pacella, 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.

Elizabeth W. Whittle and John N. Estes III were on the brief for intervenors.

Before: SENTELLE, HENDERSON and GARLAND, Circuit Judges.

SENTELLE, Circuit Judge:

This petition for review concerns eight hydroelectric power projects owned by three corporations — Trafalgar Power Inc., Christine Falls Corporation, and Franklin Industrial Complex, Inc. (collectively, "Trafalgar"), which are owned and controlled by a single individual. Petitioner Hydro Investors, Inc. ("Hydro"), a developer of hydroelectric projects, claims that the Federal Energy Regulatory...

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