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MUCKLESHOOT INDIAN TRIBE v. F.E.R.C.

No. 91-70519.

993 F.2d 1428 (1993)

MUCKLESHOOT INDIAN TRIBE, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, City of Seattle, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1993.

Attorney(s) appearing for the Case

Robert L. Otsea, Jr., Office of the Tribal Atty., Muckleshoot Indian Tribe, Auburn, WA, for petitioner.

Randolph Lee Elliott, F.E.R.C., Washington, DC, for respondent.

Brian Faller, Asst. City Atty., Seattle, WA, for respondent-intervenor.

Before: WRIGHT, CANBY and REINHARDT, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

We consider whether the Cedar River is navigable within the meaning of the Federal Power Act, 16 U.S.C. §§ 791-825r (1988), thereby giving the Federal Energy Regulatory Commission licensing jurisdiction over Seattle's Cedar Falls Project. Presently, this city-owned hydroelectric project operates without a federal license. The Muckleshoot Indian Tribe appeals FERC's finding that...

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