Harriet G. Laflamme v. Federal Energy Regulatory Commission Department of Agriculture Sayles Hydro Associates

Petitioner petitions for review of an order of the Federal Energy Regulatory Commission denying a motion for rehearing on the Commission’s order reinstating a license to develop a hydroelectric power facility on federal lands. We previously remanded the matter to the Commission to consider the environmental impacts of the project, LaFlamme v. FERC, 852 F.2d 389 (9th Cir.1988). An environmental assess ment and finding of no significant impact were prepared on remand; the order reinstating the license relied on those environmental documents. We have jurisdiction over this appeal pursuant to 16 U.S.C. § 825i (b), and we now affirm the Commission’s Order Denying Petitioner’s Request for Rehearing of the Commission’s October 27, 1989, Order Amending and Reinstating a license for a hydroelectric power plant.

I.

This case involves a challenge to a license issued by the Federal Energy Regulatory Commission (“the Commission”) under the Federal Power Act (“FPA”) to construct a hydroelectric power project known as the Sayles Flat Project (“the Project”). The Commission originally granted the license to Joseph M. Keating (“Keating") on September 26, 1983, and approved a transfer of the…