United States Court of Appeals For the First Circuit

No. 00-1785 EARLE H. SMITH, III; JULIE A. SMITH, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. _____________________ Before Selya, Circuit Judge, Coffin and Campbell, Senior Circuit Judges.

ORDER OF COURT Entered: January 30, 2001 The motion for oral argument is denied. The court will have before it both the record and the briefs and will consider the appeal with care and diligence. The appeal will be decided upon the briefs and the record without oral argument from either side.

By the Court: Phoebe Morse, Clerk By________________ Chief Deputy Clerk [ cc: Messrs. Mr & Mrs Smith, Boergers, Henwood, May, Johnson, Hester, Terrazas, Soto, Zipp and Birgisson ]