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DOMTAR MAINE CORP., INC. v. F.E.R.C.

Nos. 97-1300 & 02-1178.

347 F.3d 304 (2003)

DOMTAR MAINE CORPORATION, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Passamaquoddy Tribe, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 2003.

Attorney(s) appearing for the Case

Catherine R. Connors argued the cause for petitioner. With her on the briefs was Matthew D. Manahan.

David H. Coffman, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor. Susan J. Court, Special Counsel, entered an appearance.

Gregory W. Sample argued the cause and filed the brief for intervenor.

Before: EDWARDS, RANDOLPH, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Federal Power Act of 1920, 16 U.S.C. § 791a et seq., requires licensing of all dams operated on navigable waters for the purpose of generating electric power, except those authorized by a valid pre-Act permit. In this case, we must decide whether two dams are exempt from licensing because their owner operates other dams downstream pursuant to such a permit. The Federal...

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