California Trout, Inc. v. Federal Energy Regulatory Commission Southern California Edison Company

California Trout, Inc. (“Cal Trout”) petitions for review of an order of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denying its request for rehearing and for revocation of the annual license for Project 1933, operated by Southern California Edison (“Edison”). We must decide whether the Commission acted within its authority in issuing annual licenses for Project 1933 pursuant to Federal Power Act (“FPA” or “the Act”) § 15(a), 16 U.S.C. § 808 (a)(1), absent Edison’s compliance with the State water quality certification requirement of the Clean Water Act (“CWA”) § 401(a)(1). 33 U.S.C. § 1341 (a)(1).

FACTUAL AND PROCEDURAL BACKGROUND

A. THE RELICENSING PROCEEDINGS

Edison operates Project 1933, the Santa Ana River Hydroelectric Project (the “Project”) in San Bernardino County, California. The Project consists of two independent water conveyance and power generation systems located on the Santa Ana River and its tributaries in San Bernardino County, and partly occupies lands of the United States within the San Bernardino National Forest. The Project diverts water from the lower portion of the Santa Ana River for water supply and power generation.…