Legal Opinion

New York State Energy Research and Development Authority v. Federal Energy Regulatory Commission, Long Lake Energy Corporation, Intervenor

Court of Appeals for the D.C. Circuit

Decided October 19, 1984No. 83-1869PublishedCited by 6 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

The New York State Energy Research and Development Authority (“NYSERDA”) challenges a ruling by the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejecting NYSERDA’s application for a license for the Phoenix Hydroelectric Project, Project No. 6806-000. FERC rejected NYSERDA’s application on the ground that it was not timely filed at the Office of the Secretary as required by FERC’s Rule 2001. See 18 C.F.R. § 385.-2001 (1983). This rule was promulgated and took effect while NYSERDA’s comparative licensing…

2Cases cited8 opinions

  1. Federal Crop Ins. Corp. v. MerrillSupreme Court of the United States · 1947
  2. Service v. DullesSupreme Court of the United States · 1957
  3. Schweiker v. HansenSupreme Court of the United States · 1981
  4. The Dayton Power and Light Company v. Federal Power Commission, Ohio Fuel Gas Company, IntervenorCourt of Appeals for the D.C. Circuit · 1958
  5. Valley Broadcasting Company, Inc. v. Federal Communications CommissionCourt of Appeals for the D.C. Circuit · 1956

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3Cited by6 opinions

  1. Federal Election Commission v. Congressman Charles G. RoseCourt of Appeals for the D.C. Circuit · 1986
  2. Orange Park Florida T v. Inc. v. Federal Communications Commission, Clay Television, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1987
  3. Jose Salvador Reyes-Arias v. Immigration & Naturalization ServiceCourt of Appeals for the D.C. Circuit · 1989
  4. Eye & Ear Hospital v. CommonwealthCommonwealth Court of Pennsylvania · 1986
  5. CS-360, LLC v. United States Small Business AdministrationDistrict Court, District of Columbia · 2013

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