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VILLAGE OF BERGEN v. F.E.R.C.

No. 93-1693.

33 F.3d 1385 (1994)

VILLAGE OF BERGEN, Village of Boonville, Village of Fairport, Village of Freeport, Village of Greenport, Village of Penn Yan, Village of Rockville Centre, Village of Solvay, City of Jamestown, and Town of Massena, New York, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Vermont Department of Public Service, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 16, 1994.

Attorney(s) appearing for the Case

Richmond F. Allan, with whom Wallace L. Duncan, Jeffrey C. Genzer, and Thomas L. Rudebusch, Washington, DC, were on the briefs, for petitioners.

Samuel Sooper, Atty., F.E.R.C. ("FERC"), with whom Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., FERC, Washington, DC, were on the brief, for respondent.

Scott H. Strauss, with whom David R. Straus, Harvey Reiter, and Robert Weinberg, Washington, DC, were on the briefs, for intervenors Connecticut Mun. Elec. Energy Co-op., et al.

Arthur T. Cambouris, New York City, with whom David B. Raskin and Brian R. Gish, Washington, DC, were on the brief, for intervenor Power Authority of the State of New York.

Kathleen L. Mazure and William I. Harkaway, Washington, DC, entered an appearance for intervenor Vermont Dept. of Public Service.

Before MIKVA, Chief Judge, and BUCKLEY and ROGERS, Circuit Judges.

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Several villages and other municipalities located in the State of New York ("Villages") petition for review of an order of the Federal Energy Regulatory Commission dismissing their complaint for lack of jurisdiction. The complaint asserts that the Power Authority of the State of New York ("PASNY") has violated a condition of its license and a provision of the Niagara Redevelopment...

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