Legal Opinion

City of Centralia, Washington v. Federal Energy Regulatory Commission

Court of Appeals for the Ninth Circuit

Decided November 16, 1981No. 79-7411PublishedCited by 10 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

The respondent’s petition for rehearing is denied. The opinion of July 13, 1981 is withdrawn and is replaced by the following disposition.

Since 1930 Centraba has operated the Yelm Project, a small hydroelectric plant on the Nisqually River. Additional construction in 1953 doubled Yelm’s generating capacity. Before enlarging the plant, Centraba filed a declaration of intention with the Federal Power Commission 1 as required by § 23(b) of the Federal Power Act, 16 U.S.C. § 817. 2

The Commission, finding that the proposed construction would not affect the interests…

2Cases cited16 opinions

  1. Wickard v. FilburnSupreme Court of the United States · 1942
  2. Heart of Atlanta Motel, Inc. v. United StatesSupreme Court of the United States · 1965
  3. Katzenbach v. McClungSupreme Court of the United States · 1964
  4. Perez v. United StatesSupreme Court of the United States · 1971
  5. McLain v. Real Estate Board of New Orleans, Inc.Supreme Court of the United States · 1980

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3Cited by10 opinions

  1. Confederated Tribes And Bands Of The Yakima Indian Nation v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1984
  2. Confederated Tribes & Bands of the Yakima Indian Nation v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1984
  3. L.S. Starrett Co. v. Federal Energy Regulatory CommissionCourt of Appeals for the First Circuit · 2011
  4. Habersham Mills v. Federal Energy Regulatory CommissionCourt of Appeals for the Eleventh Circuit · 1992
  5. City of Centralia v. Federal Energy Regulatory CommissionCourt of Appeals for the Ninth Circuit · 1988

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