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NORTHERN CALIFORNIA POWER AGENCY v. F.E.R.C.

No. 93-1242.

37 F.3d 1517 (1994)

NORTHERN CALIFORNIA POWER AGENCY and Cities of Anaheim, Azusa, Banning, Colton, and Riverside, California, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Pacific Gas and Electric Company; Sacramento Municipal Utility District, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided October 21, 1994.

Attorney(s) appearing for the Case

Frances E. Francis, argued the cause for petitioners. With her on the briefs were Ben Finkelstein and Margaret A. McGoldrick.

Randolph Lee Elliott, Atty., F.E.R.C., argued the cause for respondent. With him on the brief were Jerome M. Feit, Sol., and Joseph S. Davies, Deputy Sol., F.E.R.C. Joel M. Cockrell, entered an appearance.

Stuart K. Gardiner argued the cause for intervenor Pacific Gas and Elec. Co. With him on the brief were Douglas A. Oglesby and Lindsey How-Downing.

Charles H. Cochran, entered an appearance for intervenor Sacramento Mun. Utility Dist.

Before: EDWARDS, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

For many years Pacific Gas and Electric Company operated two hydro-electric projects in California under the authority of long-term federal licenses. As the terms neared completion, the Federal Energy Regulatory Commission began relicensing proceedings under section 15 of the Federal Power Act, 16 U.S.C. § 808. Pacific Gas applied for a new license on each project. In joint...

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