CITY OF BEDFORD v. F.E.R.C.

Nos. 82-1655, 82-1656.

718 F.2d 1164 (1983)

CITY OF BEDFORD, City of Blackstone, Town of Culpeper, City of Danville, Town of Elkton, City of Franklin, Town of Front Royal, City of Harrisonburg, City of Manassas, City of Martinsville, City of Radford, Town of Richlands, City of Salem and Town of Wakefield, Virginia, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Town of Clintwood, Virginia, Intervenor. CITY OF BEDFORD, City of Blackstone, Town of Culpeper, City of Danville, Town of Elkton, City of Franklin, Town of Front Royal, City of Harrisonburg, City of Manassas, City of Martinsville, City of Radford, Town of Richlands, City of Salem and Town of Wakefield, Virginia, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Summersville, West Virginia, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided October 7, 1983.


Attorney(s) appearing for the Case

Marc R. Poirier, Washington, D.C., with whom Cynthia S. Bogorad and Peter K. Matt, Washington, D.C., was on brief, for petitioners.

A. Karen Hill, Atty. F.E.R.C., Washington, D.C., with whom Barbara J. Weller, Deputy Sol., Washington, D.C., was on brief, for respondent.

George F. Bruder, Washington, D.C., for intervenors. James E. Hickey, Jr., Washington, D.C. entered an appearance for intervenors.

Before WALD, SCALIA and FRIEDMAN, Circuit Judges.


Opinion for the Court filed by Circuit Judge SCALIA.

SCALIA, Circuit Judge:

In this petition, the City of Bedford and thirteen other Virginia municipalities contend that the Federal Energy Regulatory Commission violated the Federal Power Act in issuing preliminary permits under § 797(f) of the Act to the municipalities of Clintwood and Summersville, without investigating whether those municipalities had ceded control of the relevant hydroelectric projects...

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