City of Fremont v. Federal Energy Regulatory Commission, Pacific Gas and Electric Company, Respondent-Intervenor. Northern California Power Agency v. Federal Energy Regulatory Commission, Pacific Gas and Electric Company, Respondent-Intervenor

336 F.3d 910 CITY OF FREMONT, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Pacific Gas And Electric Company, Respondent-Intervenor. Northern California Power Agency, Petitioner, v. Federal Energy Regulatory Commission, Respondent, Pacific Gas and Electric Company, Respondent-Intervenor. No. 02-71477. No. 02-71573. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 12, 2003. Filed July 16, 2003. COPYRIGHT MATERIAL OMITTED Howard V. Golub, Nixon Peabody LLP, San Francisco, CA, and Frances M. Francis, Spiegel & McDiarmid, Washington, D.C., for the petitioners and amicus. Larry D. Gasteiger, Federal Energy Regulatory Commission, Washington, DC, for the respondent. William J. Madden, Jr., Winston & Strawn, Washington, DC, for the respondent-intervenor. On Petition for Review of an Order of the Federal Energy Regulatory Commission. Before: CANBY, JR., KLEINFELD, and RAWLINSON, Circuit Judges. OPINION CANBY, Circuit Judge. 1 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…