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OMYA, INC. v. F.E.R.C.

No. 96-1176.

111 F.3d 179 (1997)

OMYA, INC., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 25, 1997.

Attorney(s) appearing for the Case

Edward V. Schwiebert, Rutland, VT, argued the cause and was on the briefs for petitioner. William J. Madden, Jr., Washington, DC, entered an appearance.

Jill Hall, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief was Joseph S. Davies, Acting Solicitor.

John W. Kessler, Dayton, OH, Assistant Attorney General, State of Vermont, argued the cause for amicus curiae State of Vermont and the National Trust for Historic Preservation. With him on the brief were J. Wallace Malley, Jr., Acting Attorney General, and Ronald A. Shems, Assistant Attorney General. Paul W. Edmondson, Washington, DC, entered an appearance.

Before: SILBERMAN, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

The Center Rutland Project — a hydroelectric dam — lies on Otter Creek, in Rutland County, Vermont. Although OMYA, Inc. owns the dam and much of the surrounding property on the banks of the creek, the dam's continued operation is contingent on the license granted to it by the Federal Energy Regulatory Commission: under the Federal Power Act, a non-federal entity (such as OMYA) must obtain a...

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