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NANTAHALA POWER AND LIGHT CO. v. FEDERAL POWER COM'N

No. 11023.

384 F.2d 200 (1967)

NANTAHALA POWER AND LIGHT COMPANY, Petitioner, v. FEDERAL POWER COMMISSION, Respondent.

United States Court of Appeals Fourth Circuit.

Decided September 14, 1967.

Attorney(s) appearing for the Case

Randall J. LeBoeuf, Jr., New York City (Halcyon G. Skinner and Ronald D. Jones, and LeBoeuf, Lamb & Leiby, New York City, on brief) for petitioner.

John C. Mason, Deputy Gen Counsel, F. P. C. (Richard A. Solomon, Gen. Counsel, Howard E. Wahrenbrock, Solicitor, Joseph B. Hobbs and George F. Bruder, Attys., F. P. C., on brief) for respondent.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

SOBELOFF, Circuit Judge:

Under the decision of the Supreme Court in F. P. C. v. Union Electric Co. (Taum Sauk), 381 U.S. 90, 85 S.Ct. 1253, 14 L.Ed.2d 239 (1965), hydroelectric developments situated on the headwaters and tributaries of navigable waterways, and previously thought to be beyond the licensing authority of the Federal Power Commission because they did not affect "downstream navigability," were brought within the ambit of...

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