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CITY OF CENTRALIA, WASH. v. F.E.R.C.

No. 87-7212.

851 F.2d 278 (1988)

CITY OF CENTRALIA, WASHINGTON, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Washington State Department of Game; Nisqually Indian Tribe; City of Tacoma, Respondent-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1988.

Attorney(s) appearing for the Case

Frank W. Frisk, Jr., Washington, D.C., for petitioner.

Joshua Z. Rokach, F.E.R.C., Washington, D.C., for respondent.

Susan Komori Hvalsoe and Kevin R. Lyon, Cullen & Hvalsoe, Nisqually Indian Tribe, William C. Frymire, Asst. Atty. Gen., Washington Fisheries and Wildlife, Olympia, Wash., for respondent-intervenors.

Before WALLACE and FLETCHER, Circuit Judges, and CARROLL, District Judge.

PER CURIAM:

The issue here is whether the Nisqually River is navigable within the meaning of the Federal Power Act, thereby conferring Federal Energy Regulatory Commission jurisdiction over the City of Centralia's Yelm hydroelectric power plant project.

OVERVIEW

The City of Centralia ("City") appeals from an order of the Federal Energy Regulatory Commission ("Commission") declaring the Nisqually River in Washington State to be a navigable river within...

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