National Wildlife Federation, Idaho Wildlife Federation, and the Nez Perce Tribe, Intervenor-Petitioner v. Federal Energy Regulatory Commission
Opinion
Opinion
Browning, J.
I
The Director of the Office of Electric Power Regulation of the Federal Energy Regulatory Commission (“Commission”) issued seven preliminary permits to develop license applications for hydroelectric power projects along the Salmon River, flowing in a 420 mile-long arc through central Idaho. The Nez Perce Tribe (“Tribe”), and the National Wildlife Federation and Idaho Wildlife Federation (jointly referred to as “the Federation”), appealed to the Commission. The Commission affirmed the Director’s action, 25 F.E.R.C. 1161,410 (1983), and denied rehearing. 26 F.E.R.C. 1161,330 (1984). Petitioners sought review.
The Federation contends the Commission violated the Federal Power Act, 16 U.S.C. §§ 791a-793, 796-818, 820-825u (1982), the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321 -4370a (1982), and the Pacific Northwest Electric Power Planning and Conservation Act (“Northwest Power Act”), 16 U.S.C. §§ 839 -39h (1982). The Nez Perce Tribe argues that the Commission has breached its obligations under the Nez Perce Treaty, 12 Stat. 957 (1855). We conclude the order must be set aside and the matter remanded to the Commission for further consideration.