112 F.3d 1175 (D.C. Cir. 1997)
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?
Holding. Because the withdrawal of water from Lake Gaston would result in a decrease in the volume of a preexisting discharge, it was not an activity that would result in a discharge for purposes of § 401(a)(1) of the CWA, and FERC did not err in granting
VEPCO’s request for license amendment without requiring it to obtain a water quality
certification.
