Skokomish Indian Tribe v. Federal Energy Regulatory Commission

The Skokomish Indian Tribe (“the Tribe”) appeals a decision of the Federal Energy Regulatory Commission (“FERC”) denying the Tribe’s application for a preliminary permit to develop a hydropower facility on the North Fork of the Skokomish River in Mason County, Washington. FERC determined that the Tribe’s proposal conflicted with the City of Tacoma’s (“Tacoma”) 1 relicense application and denied the Tribe’s permit application on that basis. On rehearing, FERC affirmed the denial. Because the Tribe is an aggrieved party under the Federal Power Act (“FPA”), we have jurisdiction to hear this appeal, and we affirm.

I. BACKGROUND

A. The Permit Process

Because the planning, construction, and operation of hydroelectric projects are costly and complex, Section 4(f) of the FPA authorizes FERC to issue preliminary permits pri- or to the licensing stage to enable prospective license applicants to obtain necessary financial commitments and to gather data for inclusion in later license applications. 16 U.S.C. § 797 (f). The permit process is designed to induce parties otherwise unwilling to expend the necessary resources to prepare and file license applications. See, e.g., Malta Irr. Dist.…