Domtar Maine Corp. v. Federal Energy Regulatory Commission

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

The Federal Power Act of 1920, 16 U.S.C. § 791a et seq., requires licensing of all dams operated on navigable waters for the purpose of generating electric power, except those authorized by a valid pre-Act permit. In this case, we must decide whether two dams are exempt from licensing because their owner operates other dams downstream pursuant to such a permit. The Federal Energy Regulatory Commission found them not exempt. Because we agree, and because we find no error in FERC’s challenged orders, we deny the petitions…