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Argued May 8, 2001

On Petition for Review of Orders of the Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission (“FERC”) issued a joint license to Fourth Branch Associates (Mechanicville) and Niagara Mohawk Power Corporation to redevelop the Mechanicville Hydroelectric Plant, owned by Niagara Mohawk. The relationship between the co-licensees eroded, and a spate of litigation ensued. Within two years of receiving the license, Fourth Branch filed a complaint with the Commission alleging that Niagara Mohawk was engaging in anticompetitive conduct in violation of the Federal Power Act, see 16 U.S.C. s 803(h), in attempting to limit the power output of the Mechanicville plant by refusing to purchase power from the plant.

 
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