City of Centralia v. Federal Energy Regulatory Commission

The issue here is whether the Nisqually River is navigable within the meaning of the Federal Power Act, thereby conferring Federal Energy Regulatory Commission jurisdiction over the City of Centralia’s Yelm hydroelectric power plant project.

OVERVIEW

The City of Centralia (“City”) appeals from an order of the Federal Energy Regulatory Commission (“Commission”) declaring the Nisqually River in Washington State to be a navigable river within the meaning of the Federal Power Act, 16 U.S. C. § 791a et seq. Because the Commission has jurisdiction over rivers found to be navigable, it ordered the…