United States DC Circuit

In a petition for review of orders of the Federal Energy Regulatory Commission (FERC) which granted the application of a power company to surrender its license to operate a hydroelectric project and to remove the project's dam and powerhouse, the petition is denied where: 1) approving the license surrender and dam removal for the project did not automatically trigger FERC approval of the other features of certain related settlement agreements; and 2) FERC lacked authority to relicense or transfer a license and facilities without the licensee's consent.

Appellate Information

• Argued 10/09/2009
• Decided 12/22/2009
• Published 12/22/2009

Judges

• Before: HENDERSON and TATEL, Circuit Judges, and EDWARDS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Philip M. Marston argued the cause for the petitioners. Paul V. Nolan was on brief., John C. Cruden, Acting Assistant Attorney General, United States Department of Justice, and Robert J. Lundman and John L. Smeltzer, Attorneys, were on brief for intervenor United States Department of the Interior., John A. Whittaker, IV was on brief for intervenor Duke Energy Carolinas, LLC.


• For Appellees:
  
• Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Cynthia A. Marlette, General Counsel, and Robert H. Solomon, Solicitor, were on brief.