United States DC Circuit
Albany Eng'g Corp. v. Fed. Energy Regulatory Comm'n, 07-1162
In a case involving the reimbursement by downstream licensees of upstream dam operators for "headwater benefits" conferred by those dams, petition for review of a FERC order allowing state regulation of the reimbursements is granted, and order reversed in part, where section 10(f) of the Federal Power Act preempts state law over compensation for headwater benefits, and FERC's interpretation to the contrary was unreasonable.
Appellate Information
- Decided 11/28/2008
- Published 11/28/2008
Judges
- Before: BROWN and KAVANAUGH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- William S. Huang argued the cause for petitioner. With him on the briefs were Frances E. Francis and Rebecca Baldwin., Michael N. McCarty argued the cause for intervenor. With him on the brief were John H. Conway and Christian D. McMurray.
- For Appellees:
- Lona T. Perry, Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Cynthia A. Marlette, General Counsel, Robert H. Solomon, Solicitor, and Judith A. Albert, Senior Attorney.