Sierra Pacific Power Company v. Federal Energy Regulatory Commission

Petitioner, Sierra Pacific Power Company (Sierra), challenges a ruling made by respondent, the Federal Energy Regulatory Commission (Commission or FERC), which found the Truckee River to be a navigable water of the United States as defined by section 3(8) of the Federal Power Act, 16 U.S.C. § 796 (8), and ordered Sierra to obtain a license pursuant to sections 4(e) and 23(b) of the Act, 16 U.S.C. §§ 797 (e), 817, to operate its hydroelectric power projects along the Truckee. In addition, petitioner asserts that it was denied a fair hearing because the Commission failed to provide adequate notice of the issues that would be decided in the jurisdictional hearing. In particular, Sierra contends it was not notified that the Commission would consider the scope of the project to be licensed or the issue of “hydraulic coordination” between Sierra’s facilities.

We conclude that the Truckee is not a navigable water of the United States because it lacks a navigable interstate linkage by water. Minnehaha Creek Watershed District v. Hoffman, 597 F.2d 617, 622-24 (8th Cir. 1979). The Truckee is not a “con-tinu[ous] highway over which commerce is or may be carried on with other States .. .. ”…