FPL Energy Maine Hydro LLC v. Federal Energy Regulatory Commission

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 we find that FERC’s interpretation of the statute governing navigability is a reasonable one and that its navigability finding was supported by…