Rainsong Company v. Federal Energy Regulatory Commission

Rainsong Company, following denial of its petition for rehearing by the Federal Energy Regulatory Commission (the Commission), seeks review of an order rejecting Rainsong’s application for a hydropower license on a stream within the Olympic National Forest.

I.

FACTS AND ADMINISTRATIVE HISTORY

Rainsong’s efforts to build a hydroelectric power plant (the project) began in 1981. Rainsong applied for a license from the Commission pursuant to the Federal Power Act (FPA), 16 U.S.C. §§ 791a et seq. The license application proposed building the project on Lena Creek.

The first application was denied by order of the Director of the Commission’s Office of Hydropower Licensing on June 29, 1987. The denial was based on the conclusion of the Secretary of Agriculture, relying on the Forest Service’s staff reports, that the project would interfere and be inconsistent with the purpose of the Olympic National Forest.

Rainsong appealed that order, and the Commission granted its appeal on January 25, 1990. The order reinstated Rainsong’s application and gave Rainsong six months to try to resolve the Forest Service’s objections and to amend the license application if needed. Rainsong filed an…