Legal Opinion
City of Fremont v. Federal Energy Regulatory Commission
Court of Appeals for the Ninth Circuit
Decided July 16, 2003No. Nos. 02-71477, 02-71573PublishedCited by 1 opinion
1Opinion of the Court
OPINION
CANBY, Circuit Judge.
Pacific Gas and Electric Co. (“PG & E”) operates a hydroelectric plant in California under a fifty-year license due to expire on September 30, 2003. After properly giving notice of its intention to apply for a new license, PG & E missed the application deadline of October 1, 2001, by one day because of a mail room error. The Federal Energy Regulatory Commission (“FERC”) was generally merciful: it did not accept the late application for a regular new license proceeding, but waived its regulations to permit PG & E to compete, with an incumbent’s preference, for a new…
2Cases cited15 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Morton v. RuizSupreme Court of the United States · 1974
- Columbia Broadcasting System, Inc. v. United StatesSupreme Court of the United States · 1942
- American Farm Lines v. Black Ball Freight ServiceSupreme Court of the United States · 1970
- The Export Group Emilio Figueroa Jack Andrews v. Reef Industries, Inc., and Mexican Coffee InstituteCourt of Appeals for the Ninth Circuit · 1995
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