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FALL RIVER RURAL ELEC. CO-OP., INC. v. F.E.R.C.

No. 06-71944.

543 F.3d 519 (2008)

FALL RIVER RURAL ELECTRIC COOPERATIVE, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed September 10, 2008.

Attorney(s) appearing for the Case

Peter C. Kissel and Paige Bullard, Law Offices of GKRSE, Washington, DC; Ray W. Rigby and Jerry R. Rigby, Rigby, Thatcher, Andrus, Rigby & Moeller, Rexburg, ID, for petitioner.

Samuel Soopper and Beth G. Pacella, Federal Energy Regulatory Commission, Washington, DC, for respondent.

Before: STEPHEN REINHARDT, MELVIN BRUNETTI, and RAYMOND C. FISHER, Circuit Judges.

OPINION

BRUNETTI, Circuit Judge:

Fall River Rural Electric Cooperative, Inc. (Fall River) petitions for review of two Federal Energy Regulatory Commission (FERC) orders. Fall River applied for a license to construct, operate, and maintain a new hydroelectric power generating facility at Hebgen Dam on the Madison River in Gallatin County, Montana. In its orders FERC dismissed Fall River's license application and denied Fall River's request to hold the proceeding...

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