Harriet F. Laflamme v. Federal Energy Regulatory Commission, Joseph Keating , Respondent-Intervenor

Harriet LaFlamme has petitioned for review of two orders issued by the Federal Energy Regulatory Commission (“FERC”), (1) an order filed September 26,1983 granting Joseph Keating a license to construct and operate a hydroelectric power project on the South Fork of the American River, and (2) an order filed August 23, 1985 denying her petition for a rehearing. We conclude that the order denying LaF-lamme’s petition for rehearing must be set aside, the order granting a license vacated, and this matter remanded to FERC for further consideration.

I. Facts and Proceedings Below

On May 27,1980, Joseph Keating filed an application for a preliminary permit for a power project. FERC issued the permit on December 11, 1980. Thereafter, Keating consulted with federal, state, and local agencies, who provided their comments on the license proposal. On April 29, 1982, Keating filed an “Application for License for a Major Water Power Project” to be built on the South Fork of the American River (“the River”) in an area called Sayles Flat, in El Dorado County, California.

The proposed project consists of: (1) a 130-foot-long, 8.4-foot-high diversion structure with a Bascule gate; (2) a 2.3-acre…