Alcoa Power Generating Inc. v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
ROGERS, Circuit Judge:
The Alcoa Power Generating Company petitions for review of two orders of the Federal Energy Regulatory Commission with respect to the relicensing of its Yadkin Project facilities in North Carolina pursuant to 16 U.S.C. § 808. A precondition of licensing is receipt of a State certification that any discharges into navigable waters will comply with sections 301-03 and 306-07 of the Clean Water Act, 33 U.S.C. §§ 1311-13, 1316-17. Section 401(a)(1) of the Clean Water Act provides that State certification “shall be waived with…
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