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ALABAMA POWER CO. v. FEDERAL ENERGY REGULATORY COMMISSION

No. 77-2796.

584 F.2d 750 (1978)

ALABAMA POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

November 27, 1978.

Attorney(s) appearing for the Case

Robert McD. Smith, Lewis W. Page, Jr., Birmingham, Ala., George F. Bruder, Washington, D. C., for petitioner.

Howard E. Shapiro, Sol., FERC, Philip R. Telleen, Atty., Drexel D. Journey, Gen. Counsel, FERC, M. Frazier King, Jr., Washington, D. C., for respondent.

Before BROWN, Chief Judge, and RONEY and HILL, Circuit Judges.

RONEY, Circuit Judge:

Alabama Power Company petitions for review of a $1,000 forfeiture imposed by the Federal Energy Regulatory Commission for failure to report the commencement of repairs of a 1972 slide on the Walter Bouldin Dam, a licensed hydroelectric development on the Coosa River. 16 U.S.C.A. § 825n(a).1 Holding the record does not support a finding that the failure to report was "willful" within the terms of the Federal Power...

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