Washington Water Power Company v. Federal Energy Regulatory Commission, Spokane Tribe of Indians, Intervenor

MacKINNON, Senior Circuit Judge:

Two orders of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) hold that the Washington Water Power Company (“Washington Power” or the “Company”) is required by the Federal Power Act, 16 U.S.C. § 791 et seq. (“FPA”), to obtain a license for its hydroelectric development which was completed in 1911 on the Spokane River at Little Falls, Washington. Washington Power claims it constructed, operates, and maintains the dam and associated structures under the authority of a special Act of Congress approved on March 3,1905 (the “1905 Act”), and…