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WISCONSIN PUBLIC SERVICE CORP. v. F.E.R.C.

Nos. 93-1787, 93-1788.

32 F.3d 1165 (1994)

WISCONSIN PUBLIC SERVICE CORPORATION, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. CONSOLIDATED WATER POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1994.

Attorney(s) appearing for the Case

Michael Fischer (argued), Douglas B. Clark, F. Maio, Foley & Lardner, Milwaukee, WI, for petitioner.

Jerome M. Fiet, Eric Christensen (argued), F.E.R.C., Washington, DC, for respondent.

Jack J. Crowe, Winston & Strawn, Chicago, IL, William J. Madden, John A. Whittaker, IV, Winston & Strawn, Washington, DC, Henri D. Bartholomot, Edison Elec. Institute, Washington, DC, for amicus curiae Edison Elec. Institute.

J. Carol Williams, Peter R. Steenland, Jr., Dept. of Justice, Land & Natural Resources Div., Washington, DC, Mark A. Anderson, Dept. of the Interior, Office of the Field Sol., Twin Cities, MN, Niel Moeller, Mark A. Eames, National Oceanic and Atmospheric Admin., Office of General Counsel, Seattle, WA, Jane Hannuksela, National Oceanic and Atmospheric Admin., Office of General Counsel, Silver Spring, MD, for amicus curiae U.S.

James E. Doyle, Atty. Gen., Philip Peterson, Wisconsin Dept. of Justice, Madison, WI, for amicus curiae State of Wis.

Before BAUER and CUDAHY, Circuit Judges, and GRANT, District Judge.

CUDAHY, Circuit Judge.

These consolidated cases involve the relicensing of two water power projects on the Wisconsin River to, respectively, Wisconsin Public Service Corporation (WPS) and Consolidated Water Power Company (Consolidated). In the respective licenses issued in the two cases the Federal Energy Regulatory Commission (the Commission or FERC) included reopener clauses requiring the licensees to construct, operate and maintain such fishways as might in the...

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