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CONFEDERATED TRIBES AND BANDS v. F.E.R.C.

Nos. 82-7561, 82-7562 and 83-7038.

746 F.2d 466 (1984)

CONFEDERATED TRIBES AND BANDS OF the YAKIMA INDIAN NATION, Petitioner, Malcolm Baldridge, Secretary of Commerce, Petitioner, National Wildlife Federation, Petitioner-Intervenor, and Washington State Department of Fisheries and Washington State Department of Game, Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, and Public Utility District No. 1 of Chelan County, Washington, Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided June 7, 1984.

As Amended October 30, 1984.

Attorney(s) appearing for the Case

Tim Weaver, Hovis, Cockrill & Roy, Yakima, Wash., for Yakima Indians.

Carol E. Dinkins, Robert L. Klarquist, David C. Shilton, Dept. of Justice, Washington, D.C., for Baldridge & Secr. of Commerce.

Terence L. Thatcher, National Wildlife Federation, Portland, Or., for National Wildlife Fed.

Paul S. Majkut, Kenneth O. Eikenberry, Washington Dept. of Fisheries & Game, Olympia, Wash., for Washington State Dept. of Fisheries & Game.

Thomas P. Schlosser, Ziontz, Pirtle, Morrisset, Ernstoff & Chestnut, Seattle, Wash., for Colville Conf. Tribe.

Stephen R. Melton, Acting Gen. Counsel, Jerome M. Feit, Sol. Joshua Z. Rokach, Atty., Washington, D.C., for F.E.R.C.

James Vasile, Morgan, Lewis & Bokius, Washington, D.C., for Public Utility Dist. No. 1.

Before ANDERSON and FLETCHER, Circuit Judges, and EAST, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

On November 23, 1982, the Federal Energy Regulatory Commission (FERC or Commission) upheld an order granting Chelan County Public Utility District No. 1 (Chelan) a new license for the operation of Rock Island Hydropower Project No. 943. The license is for a forty-year term. The National Marine Fisheries Service of the Department of Commerce (NMFS), the Washington State Departments of Fisheries and Game (Washington), the National...

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