Puget Sound Power & Light Company v. Federal Power Commission

PROCEEDINGS BELOW

In 1964 Puget Sound Power and Light Company (Puget) filed an application with the Federal Power Commission (FPC) seeking a determination that the FPC had no jurisdiction over a hydroelectric project built by Puget in 1904. In the alternative, if jurisdiction was found, Puget sought a license for the project.

The matter was heard by an administrative law judge, who found that the FPC had no jurisdiction over Puget’s hydroelectric project and dismissed the application. The FPC reversed the administrative law judge, finding that the project was within the FPC’s licensing jurisdiction under the Federal Power Act [ 16 U.S.C. § 793 , et seq.] and ordered that Puget’s application be treated as an application for a license. Puget sought, but was denied, a rehearing. Pursuant to Section 313(b) of the Federal Power Act [ 16 U.S.C. § 8257 (b)], Puget seeks review of the FPC order in this court. We reverse.

ISSUE

The issue presented in this case is whether the FPC has licensing jurisdiction over the Electron hydroelectric project which was built, owned and operated by Puget. To decide this question requires a determination of whether certain repair and restoration of the…