City of Dothan, Alabama v. Federal Energy Regulatory Commission, Municipal Electric Authority of Georgia, Intervenor

MacKINNON, Circuit Judge:

After reviewing competing applications for a preliminary permit to investigate development of a hydroelectric facility, the Federal Energy Regulatory Commission (the Commission) determined that the two proposals submitted by parties of equal statutory priority were equally well adapted to serve the public interest and in accordance with its regulations awarded the preliminary permit to the party whose application was filed first. We hold that substantial evidence supports the Commission’s decision and that it did not act arbitrarily or capriciously in granting the…