Nantahala Power and Light Company v. Federal Power Commission

SOBELOFF, Circuit Judge:

Under the decision of the Supreme Court in F. P. C. v. Union Electric Co. (Taum Sauk), 381 U.S. 90, 85 S.Ct. 1253, 14 L.Ed.2d 239 (1965), hydroelectric developments situated on the headwaters and tributaries of navigable waterways, and previously thought to be beyond the licensing authority of the Federal Power Commission because they did not affect “downstream navigability,” were brought within the ambit of the Commission’s jurisdiction if they “generate energy for an interstate power system.” 1

Petitioner’s facilities were built before Taum Sauk and the Commission had…