Kootenai Elec Coop, et al v. FERC, No. 98-1275 (D.C. Cir. 1999)

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This opinion or order relates to an opinion or order originally issued on October 8, 1999.

United States Court of Appeals For The District of Columbia Circuit

No. 98-1275 September Term, 1999

Kootenai Electric Cooperative, Inc., et al., Petitioners

v.

Federal Energy Regulatory Commission, Respondent ____________________________________ And Consolidated Case No. 98-1367

Before: Wald, Silberman, and Tatel, Circuit Judges

O R D E R

It is ORDERED, by the Court, that the opinion for the Court filed by Circuit Judge Silberman on October 8, 1999 be, and hereby is, amended as follows:

Page 8, footnote 4, lines 4-10, delete the following sentence:

"Although the cooperatives claim that this has been their argument all along, this spin is not supported by even the most generous reading of their argument to FERC indeed, the cooperatives argued below that the 1954 Act repeals by implication the Federal Power Act as it applies to Priest Rapids, and nowhere argued that cost-based rates were required by state law, as opposed to the 1954 Act itself." Per Curiam FOR THE COURT: Mark Langer, Clerk

Filed on November 3, 1999

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