Sierra Club v. Federal Energy Regulatory Commission, Tuolumne River Expeditions, Inc. v. Federal Energy Regulatory Commission

The Sierra Club and Tuolumne River Expeditions, Inc. petition for review of a Federal Energy Regulatory Commission (Commission) order granting the Modesto and Turlock Irrigation Districts (MID, TID) and the City and County of San Francisco a preliminary permit for the Clavey-Wards Ferry hydroelectric project. We affirm the Commission’s order.

I.

The Commission is responsible for licensing the construction and maintenance of hydroelectric facilities built on waters under federal jurisdiction. 16 U.S.C. § 796 , et seq. License applicants must provide the Commission with information, including feasibility studies, planned compliance with state laws and other relevant data. 16 U.S.C. § 802 ; 18 C.F.R. § 4.1 et seq.

Since the license application procedure can be costly and protracted, the Commission is authorized to issue preliminary permits, 16 U.S.C. § 797 (f), the “sole purpose [of which is to maintain] priority of application for a license” during a period, not to exceed three years, in which the applicant may prepare a detailed license application. Id. at § 798; Delaware River Basin Commission v. F.E.R.C., 680 F.2d 16, 17 (3d Cir.1982); City of Bedford v. F.E.R.C., 718 F.2d…