Was the installation and operation of the three new turbine generators at the project an activity which may result in any discharge for purposes of § 401(a)(1) of the CWA?
Issue. Does a licensee have to obtain State water quality certification for an annual license?
Issue 1. Does the FPA require FERC to consider a pre-project baseline for purposes of environmental review?
Issue. Does FERC have the authority to include § 4(e) conditions in re-licenses?
Issue. Should FERC have required the licensee to obtain a water quality certification prior to granting a license amendment that would decrease the volume of a pre-existing discharge?