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FPL ENERGY MAINE HYDRO LLC v. F.E.R.C.

No. 99-1397.

287 F.3d 1151 (2002)

FPL ENERGY MAINE HYDRO LLC, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent. American Rivers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 3, 2002.

Attorney(s) appearing for the Case

Catherine R. Connors argued the cause for petitioner. With her on the briefs was Matthew D. Manahan.

Cynthia L. Amara was on the brief for amici curiae Clifton Power Corporation and New England Legal Foundation in support of petitioner.

Laura J. Vallance, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Cynthia A. Marlette, General Counsel, and Dennis Lane, Solicitor.

Daniel H. Squire and IJay Palansky were on the brief for intervenors American Rivers, et al.

Before: SENTELLE, ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Petitioner FPL Energy Maine Hydro LLC (FPL), a hydroelectric facility, petitions this Court for review of two orders by the Federal Energy Regulatory Commission (FERC), the first determining that FPL is subject to licensing because the Messalonskee Stream on which FPL is located is "navigable" under 16 U.S.C. § 796(8), the second denying FPL's request for rehearing. Because...

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