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ALCOA POWER GENERATING INC. v. F.E.R.C.

No. 10-1066.

643 F.3d 963 (2011)

ALCOA POWER GENERATING INC., Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Stanly County, North Carolina and State of North Carolina, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 2011.

Attorney(s) appearing for the Case

David R. Poe argued the cause and filed the briefs for petitioner.

Jennifer S. Amerkhail , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Thomas R. Sheets , General Counsel, and Robert H. Solomon , Solicitor.

Marc D. Bernstein , Special Deputy Attorney General, North Carolina Department of Justice, argued the cause for intervenor State of North Carolina in support of respondent. With him on the brief were Roy Cooper , Attorney General, James C. Gulick , Senior Deputy Attorney General, and Donald W. Laton , Assistant Attorney General.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

The Alcoa Power Generating Company petitions for review of two orders of the Federal Energy Regulatory Commission with respect to the relicensing of its Yadkin Project facilities in North Carolina pursuant to 16 U.S.C. § 808. A precondition of licensing is receipt of a State certification that any discharges into navigable waters will comply with sections 301-03 and 306-07 of the Clean Water Act, 33 U.S.C. §§ 1311-13, 1316-17...

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