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RHINELANDER PAPER CO. v. F.E.R.C.

No. 04-1133.

405 F.3d 1 (2005)

RHINELANDER PAPER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, State of Wisconsin, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 12, 2005.

Attorney(s) appearing for the Case

Elizabeth W. Whittle argued the cause for the petitioner.

Joel M. Cockrell, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Deputy Solicitor, Federal Energy Regulatory Commission, were on brief. Dennis Lane, Solicitor, Federal Energy Regulatory Commission, entered an appearance.

Peggy A. Lautenschlager, Attorney General, State of Wisconsin, and Philip Peterson, Assistant Attorney General, State of Wisconsin, were on brief for the intervenor.

Before: SENTELLE, HENDERSON and ROGERS, Circuit Judges.

KAREN LeCRAFT HENDERSON, Circuit Judge.

Rhinelander Paper Company (Rhinelander) seeks review of orders of the Federal Energy Regulatory Commission (FERC or Commission) which renewed Rhinelander's license to operate a hydroelectric project pursuant to the Federal Power Act (FPA), 16 U.S.C. §§ 791a et seq. Rhinelander challenges two provisions of the license: one that retains the project's historical property boundary (rejecting, pending preparation...

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