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FARMINGTON RIVER POWER CO. v. F.E.R.C.

No. 95-1504.

103 F.3d 1002 (1997)

FARMINGTON RIVER POWER COMPANY, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 10, 1997.

Attorney(s) appearing for the Case

John N. Estes, III, Washington, DC, argued the cause and filed the briefs for petitioner.

Janet K. Jones, Attorney, Federal Energy Regulatory Commission, Silver Springs, MD, argued the cause for respondent. With her on the brief was Jerome M. Feit, Solicitor, Washington, DC.

Before: GINSBURG, RANDOLPH and TATEL, Circuit Judges.

Opinion of the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The basic issue in this case is whether the Federal Energy Regulatory Commission may charge petitioner, an operator of a nonlicensed dam, for what are known as "headwater benefits" — energy benefits a dam receives from the operation of an upstream dam — for periods prior to the date on which the Commission notified petitioner of...

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