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GRAND COUNCIL OF CREES (OF QUEBEC) v. F.E.R.C.

No. 98-1280.

198 F.3d 950 (2000)

The GRAND COUNCIL OF THE CREES (OF QUEBEC) and New England Coalition for Energy Efficiency and the Environment, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. Hydro-Quebec and H.Q. Energy Services (U.S.) Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 11, 2000.

Attorney(s) appearing for the Case

William Andrew Nelson argued the cause for petitioners. With him on the briefs were James A. Dumont, Leonard A. Busby, and Howard J. Bashman.

Larry D. Gasteiger, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Jay L. Witkin, Solicitor, and John H. Conway, Deputy Solicitor.

Pierre F. de Ravel d'Esclapon was on the brief for intervenor H.Q. Energy Services (U.S.) Inc. in support of respondent.

Before: EDWARDS, Chief Judge, WILLIAMS and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

H.Q. Energy Services (U.S.) Inc. ("H.Q. Energy") is a wholly owned subsidiary of Hydro-Quebec, an electric utility that owns and controls facilities for the generation, transmission and distribution of electric power in Quebec. In November 1997 the Federal Energy Regulatory Commission authorized H.Q. Energy to sell power within the United States at market...

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