United States DC Circuit

In a petition for review of the Federal Energy Regulatory Commission's (FERC) order terminating petitioner's license to operate a hydropower project attached to a historic six-story mill building in Lowell, Massachusetts, the petition is denied where: 1) FERC's application of the implied surrender doctrine here was not arbitrary and capricious; the Commission examined the relevant data and articulated a satisfactory explanation for its action, including a rational connection between the facts found and the choice made; 2) even assuming arguendo that certain challenged contacts by FERC officials violated FERC regulations, there was no indication that they influenced the ultimate decision makers; and 3) petitioner did not identify any issue he could explore at an evidentiary hearing that could not be adequately addressed in the papers.

Appellate Information

• Argued 01/14/2010
• Decided 05/28/2010
• Published 05/28/2010

Judges

• Before HENDERSON, ROGERS and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Brian A. Davis argued the cause for the petitioners. Kenneth L. Wiseman, Mark F. Sundback, Gia V. Cribbs and Jennifer L. Spina were on brief.


• For Appellees:
  
• Jennifer S. Amerkhail, Attorney, Federal Energy Regulatory Commission, argued the cause for the respondent. Thomas R. Sheets, General Counsel, Robert H. Solomon, Solicitor, and Carol J. Banta, Attorney, were on brief.