The Federal Power Act, enacted by Congress in 1935, was the result of a long debate over whether the Federal Government should permit private interests to develop the hydroelectric potential of the waters of the United States, or whether it should reserve such development for itself for the public benefit.
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?