Fall River Rural Electric Cooperative v. FERC

Sep 10: In the U.S. Court of Appeals, Ninth Circuit, Case No. 06-71944. Fall River Rural Electric Cooperative, Inc. (Fall River) petitions for review of two Federal Energy Regulatory Commission (FERC) orders. Fall River applied for a license to construct, operate, and maintain a new hydroelectric power generating facility at Hebgen Dam on the Madison River in Gallatin County, Montana. In its orders FERC dismissed Fall River’s license application and denied Fall River’s request to hold the proceeding in abeyance, Fall River Rural Elec. Coop., Inc., (2005), and it denied Fall River’s request for rehearing, Fall River Rural Elec. Coop., Inc., (2006). Fall River petitioned for review of both orders. The Appeals Court denied Fall River’s petition for review.

In its conclusion the Appeals Court said, "In sum, we conclude that substantial evidence supported FERC’s conclusion that PPL’s license would be substantially altered under Section 6 of the FPA by Fall River’s proposed project, that FERC’s orders were consistent with its precedents and with its issuance of a preliminary permit, and that PPL [Pennsylvania Power and Light Montana, LLC (PPL)] did not impliedly consent to Fall River’s proposed modifications. Therefore, Fall River’s petition for review is denied."

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