Jackson County v. Fed. Energy Regulatory Comm'n, No. 08-1224

In a petition for review of orders of the Federal Energy Regulatory Commission (FERC) which granted the application of a power company to surrender its license to operate a hydroelectric project and to remove the project's dam and powerhouse, the petition is denied where: 1)  approving the license surrender and dam removal for the project did not automatically trigger FERC approval of the other features of certain related settlement agreements; and 2) FERC lacked authority to relicense or transfer a license and facilities without the licensee's consent.

Read Jackson County v. Fed. Energy Regulatory Comm'n, No. 08-1224

Appellate Information

Argued October 9, 2009

Decided December 22, 2009

Judges

Opinion by Judge Henderson

Counsel

For Petitioners:

Philip M. Marston and Paul V. Nolan, Marston Law, Washington, DC

For Respondent:

Jennifer S. Amerkhail, Cynthia A. Marlette and Robert H. Solomon, Federal Energy Regulatory Commission, Washington, DC