Ferc

Fall River Rural v. Ferc

Good Law
United States Court of Appeals for the Ninth CircuitSeptember 9, 200806-71944California5,378 words

Opinion

Opinion

I. Facts and Proceedings Below

The Missouri-Madison Hydroelectric Project develops hydropower on a 324-mile stretch of the Madison and FALL RIVER RURAL ELECTRIC v. FERC 12635 Missouri Rivers in southwestern Montana. The project is licensed to Pennsylvania Power and Light Montana, LLC (PPL) under FERC Project No. 2188. PP&L Montana, LLC, 92 FERC ¶ 61,261 (2000). The project consists of nine hydro- electric developments, eight of which have power generating facilities. Id. at 61,830. The Hebgen Development is the one development without a power generating facility and is instead used as a water storage and release facility. Releases from Hebgen Reservoir provide head and flow to the Missouri-Madison Hydroelectric Project’s eight other down- stream developments. Id.

Hebgen Dam is an earth-filled structure with a concrete core wall and is 721 feet long and 85 feet high. Discharges from Hebgen Reservoir are controlled by outlet works con- sisting of an intake tower, a conduit through the dam, and a conduit outlet. The intake tower includes four openings, two of which are presently closed with timber stoplogs, while the other two are used for reservoir discharges. Water…

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