City of Idaho Falls v. FERC, No. 09-1120

Petition for Review of FERC Ratemaking

In City of Idaho Falls v. FERC, No. 09-1120, a petition for review of the Federal Energy Regulatory Commission's (FERC) rental fee schedule to set annual charges for hydropower projects occupying federal land, the court granted the petition where FERC was required to go through notice and comment before it could impose charges according to the revised Forest Service methodology.

As the court wrote:  "In 1987, the Federal Energy Regulatory Commission issued a regulation that used a United States Forest Service rental fee schedule to set annual charges for hydropower projects occupying federal land. Since then, FERC has issued annual updates to reflect the Forest Service's revised fee schedule."

Related Resources

• Read the DC Circuit's Decision in City of Idaho Falls v. FERC, No. 09-1120