Unpublished Disposition, 883 F.2d 1024 (9th Cir. 1987)

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US Court of Appeals for the Ninth Circuit - 883 F.2d 1024 (9th Cir. 1987)


No. 87-7194.

United States Court of Appeals, Ninth Circuit.

Submitted Aug. 18, 1989.* Decided Aug. 22, 1989.

Before WIGGINS, KOZINSKI and RYMER, Circuit Judges.


The orders of the Federal Energy Regulatory Commission denying petitioner's motion for late intervention are affirmed. See Nos. 5756-005 (July 30, 1986) (Notice Denying Late Intervention); 5756-006 (Jan. 28, 1987) (Order Denying Appeal); 5756-009 (Mar. 27, 1987) (Order Denying Rehearing). Petitioner concedes it had actual notice of the application in mid-1985, shortly after the June 27, 1985, intervention deadline, and nearly a year before it filed its motion to intervene. Because petitioner has failed to show good cause for the delay, the Commission did not abuse its discretion in denying the motion. See 18 C.F.R. Sec. 385.214(d) (1988).


The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4


This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3