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New York v. Federal Energy Regulatory Commission and Niagara Mohawk Power Corp.

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eBook details

  • Title: New York v. Federal Energy Regulatory Commission and Niagara Mohawk Power Corp.
  • Author : United States Court of Appeals for the Second Circuit
  • Release Date : January 13, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 86 KB

Description

VAN GRAAFEILAND, Circuit Judge : Enactment of the Federal Power Act in 1920 was the end result of a bitter fight in Congress between private power interests and public conservationists. See Gifford Pinchot, The Long Struggle For Effective Federal Water Power Legislation, 14 Geo. Wash. L. Rev. 9 (1945); see also First Iowa Hydro-Electric Coop. v. FPC, 328 U.S. 152, 180, 90 L. Ed. 1143, 66 S. Ct. 906 & n.23 (1946). Since that time, federal jurisdiction under the Act has been expanded substantially, due in large measure to broadening of the concept of ""navigable waters"" as that term is used in the Act. William A. Campbell, Note, Expanding Jurisdiction of the Federal Power Commission and the Problem of Federal-State Conflict, 18 Vand. L. Rev. 1847, 1850 (1965); Richard M. Frank, Forever Free: Navigability Inland Waterways, and the Expanding Public Interest, 16 U.C. Davis L. Rev. 579, 591-604 (1983). The instant case involves proposed federal licensing of two Niagara Mohawk Power Corporation powerhouses, the Bennetts Bridge Powerhouse and the Lighthouse Hill Powerhouse, both located on the Salmon River in New York State. In holding that no licenses were required for these two projects, 53 F.E.R.C. para. 61,329, the Federal Energy Regulatory Commission (FERC) inexplicably departed from the above-described pathway of progress, a pathway forged in the public interest. For the reasons that follow, we set the order aside.1


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