Consolidated Hydro, Inc. v. Federal Energy Regulatory Commission

Opinion for the court filed by Circuit Judge BUCKLEY.

BUCKLEY, Circuit Judge:

Consolidated Hydro, Inc. petitions for review of a determination by the Federal Energy Regulatory Commission that a hydroelectric project at Damariscotta Mills in Lincoln County, Maine is subject to its licensing jurisdiction because it is located on “navigable waters” as defined in the Federal Power Act. Petitioner challenges as unsupported by substantial evidence the agency’s alternative findings that (1) the stream on which the project is located has been used for purposes of interstate commerce; and (2) even if,…