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FPC v. UNION ELECTRIC CO.

No. 123.

381 U.S. 90 (1965)

FEDERAL POWER COMMISSION v. UNION ELECTRIC CO.

Supreme Court of United States.

Decided May 3, 1965.

Attorney(s) appearing for the Case

Ralph S. Spritzer argued the cause for petitioner. With him on the brief were Solicitor General Cox, Frank Goodman, Richard A. Solomon and Howard E. Wahrenbrock.

Robert J. Keefe argued the cause for respondent. With him on the brief was Robert F. Schlafly.

MR. JUSTICE WHITE delivered the opinion of the Court.

Section 23 (b)1 of the Federal Power Act2 requires any person desiring to construct a dam or other project on a nonnavigable stream, but one over which Congress has jurisdiction under its authority to regulate commerce, to file a declaration of intention with the Federal Power Commission. If the Commission finds that "the interests of interstate or foreign...

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