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EASTERN NIAGARA PUBLIC POWER ALLIANCE v. F.E.R.C.

No. 07-1472.

558 F.3d 564 (2009)

EASTERN NIAGARA PUBLIC POWER ALLIANCE AND PUBLIC POWER COALITION, and Their Respective Individual Members, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, New York Power Authority, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided March 13, 2009.

Attorney(s) appearing for the Case

Carolyn Elefant argued the cause for petitioners. With her on the briefs was Paul V. Nolan.

Robert M. Kennedy Jr., Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor.

Jay T. Ryan and Charles R. Sensiba were on the brief for intervenor Power Authority of the State of New York in support of respondent.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge.

From 1958 to 2007, the New York Power Authority operated the Niagara Power Project pursuant to a 50-year license granted by what is now the Federal Energy Regulatory Commission. In 2007, FERC approved NYPA's relicensing application and granted a new 50-year license. Several communities in western New York have challenged FERC's 2007 licensing decision as arbitrary and capricious and unsupported by substantial evidence. We deny their petition...

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