William M. Young and Faith Adams Young v. Tennessee Valley Authority

WEICK, Circuit Judge.

This appeal involves the legal question whether the Tennessee Valley Authority (TVA) has authority under the Tennes*144see Valley Authority Act of 1933, 16 U.S.C. § 831 et seq., to construct the Hartsville nuclear powered electric generating plant on a site located on the Cumberland River near Dixon Springs, Tennessee, outside the watershed of the Tennessee River. We hold that the TVA does possess such authority and it is supported by its own frequent and long standing construction of the Act and the evidence of ratification thereof by Congress.

The facts are not in dispute.…