Idaho Power Company v. Federal Power Commission

These are proceedings to review an order of the Federal Power Commission in connection with the licensing of hydroelectric project works on the Snake River, Idaho, under § 4(e) of the Federal Power Act, 49 Stat. 840 (1935), 16 U.S.C. § 797 (e) (1958).

Petitioner sought authority to construct two additional transmission lines in connection with its already licensed project. Authority was granted, provided that petitioner make surplus capacity of the project’s transmission facilities available to the Government for 1he wheeling of Government power at Government expense. On this review petitioner challenges the authority of the Commission to impose such a condition, and seeks to have it declared invalid.

On August 4, 1955, the Commission issued petitioner a fifty-year license under the Federal Power Act, supra, for a hydroelectric project to consist of three power developments located on that portion of the Snake River which forms the boundary between Oregon and Idaho. The license followed hearings on three separate applications by petitioner for the Oxbow, Hell’s Canyon and Brownlee developments, which had been consolidated for hearing. The license applications contain…