City of Fredericksburg, Va v. Federal Energy Regulatory Commission

MURNAGHAN, Circuit Judge:

Commonwealth Hydroelectric, Inc. (“CHI”) applied for a license from the Federal Energy Regulatory Commission (“FERC”) to build an electricity-generating powerhouse at the Embrey Dam on the Rappahannock River near Fredericksburg, Virginia. The City of Fredericksburg, which now owns the dam and derives its water supply from the dam’s reservoir, intervened in the licensing proceedings to oppose CHI’s plans. Despite the objections, the acting director of FERC’s Office of Hydropower Licensing (“acting director”) issued the license to CHI in December 1987. 41 FERC (CCH) ¶…