Portland General Electric Company and Publishers' Paper Company v. Federal Power Commission, Crown Zellerbach Corporation v. Federal Power Commission

These are proceedings to review an order of the Federal Power Commission granting to petitioners, jointly, a license for hydroelectric project works at Willamette Falls (Falls) in the Willamette River, Oregon. The petitioners, Portland General Electric Company (Portland), Publishers’ Paper Company (Publishers’), and Crown Zellerbach Corporation (Crown), applied for such a license but are not satisfied with some of the provisions of the license tendered.

The license was granted pursuant to the Federal Power Act (Act) § 4(e), as amended, 49 Stat. 840,16 U.S.C. § 797(e) (1958) and § 15, 41 Stat. 1072 , 16 U.S.C. § 808 (1958). This court has jurisdiction under section 313(b) of the Act, as added 49 Stat. 860 , as amended, 16 U.S.C. § 8251 (b) (1958).

Portland is a public utility and operates hydroelectric power facilities on its own lands in and adjacent to the Willamette River at the Falls. In 1888, Portland leased to Crown certain other lands on the west side of the river, and on an island adjacent to the Falls. In 1908, Portland leased to Publishers’ other lands on the east side of the river, and on an island adjacent to the Falls. Crown and Publishers’ individually constructed…