Public Utility District No. 1 v. Federal Power Commission

The Federal Power Commission issued to Public Utility District No. 1 of Chelan County, Washington, here called Chelan, a license under § 4(e) of the Federal Power Act, Title 16 U.S.C.A. § 797 (e), for the construction and operation of what was designated as the Rocky Reach Hydroelectric Power Project on the Columbia River. Public Utility District No. 1 of Douglas County, Washington, here called Douglas, holder of a preliminary permit for a power site known as the Wells Project, some 40 miles upstream from the Rocky Reach site, intervened in the proceedings before the Commission, and filed a protest seeking limitations in the proposed license which would protect the Wells site from the effects of encroachment of the pool for Rocky Reach on the natural tailwater at Wells. The order granting the license was made July 12, 1956, and as its terms did not meet the demands of petitioner’s protest, it made application for rehearing within the 30 day period provided by the stat *674 ute. Rehearing was denied and the present petition to review the order granting the license was filed in this court. 1 Now before us is a motion of the Power Commission and Chelan to dismiss the petition and…