Montana Power Co. v. Federal Power Commission

Good Law
112 F.2d 371·1940 U.S. App. LEXIS 4937
United States Court of Appeals for the Ninth CircuitMay 20, 1940No. 9322California1,955 words

Opinion

Lead Opinion

Haney, J.

We are asked to review an order of the Federal Power Commission denying petitioner’s application for a license to construct an electric power transmission line.

Missoula, Montana, is about 70 miles northwest of Anaconda, Montana. The Flathead power project is about 50 miles north and slightly west of Missoula. The Thompson Falls, Montana, power project is about 45 miles west of the Flathead project. Petitioner has power facilities at and near Anaconda for serving Anaconda and points easterly and northeasterly therefrom. It has power facilities at Missoula to serve Missoula and points south. It has power facilities at Flathead which it operates under a license from the Commission aS: Project No. 5. It also ha.s power facilities' at Thompson -Falls. Petitioner owns no transmission line connecting these points, but has the right to use a line belonging to a railroad upon certain conditions, which line connects some of the points.

On November 20, 1936, petitioner filed an application for a license to construct a transmission line as follows: a line 56 miles long beginning at Thompson Falls and terminating at the Flathead project; and a line 14S miles long, beginning at the Flathead…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.