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CITY OF TACOMA, WASHINGTON v. F.E.R.C.

No. 01-1375.

331 F.3d 106 (2003)

CITY OF TACOMA, WASHINGTON, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Northern California Power Agency, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 10, 2003.

Attorney(s) appearing for the Case

Howard E. Shapiro argued the cause for the petitioners. Gary D. Bachman, Michael A. Swiger and Charles R. Sensiba were on brief. Susan A. Moore entered an appearance.

Frances E. Francis, Ben Finkelstein and Tracy E. Connor were on brief for the intervenors.

Richard B. Geltman and Donald H. Clarke were on brief for amici curiae American Public Power Association and National Hydropower Association.

Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor, Federal Energy Regulatory Commission, were on brief.

Before: SENTELLE and HENDERSON, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

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

KAREN LeCRAFT HENDERSON, Circuit Judge:

The petitioners, a group of hydroelectric utilities licensed under the Federal Power Act (FPA or Act), 16 U.S.C. § 791a et seq., seek review of three orders of the Federal Energy Regulatory Commission (Commission or FERC) that denied them refunds of annual charges that FERC imposed on them pursuant to section 10 of the FPA. The charges...

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