Eastern Hydroelectric Corporation v. Federal Energy Regulatory Commission

JULIE CARNES, Circuit Judge:

Eastern Hydroelectric Corporation ("Petitioner") is licensed by the Federal Energy Regulatory Commission to generate hydroelectricity at the Juliette Dam, located on the Ocmulgee River outside of Juliette, Georgia. As a condition of increasing its licensed generating capacity, Petitioner agreed to design and construct a fishway, which is a facility that would allow American shad 1 to swim past the dam and gain access to upstream spawning grounds. After over a decade had passed-without significant progress on the fishway, and with Petitioner having never increased…