ELR Citation: ELR 20234
No(s). 06-71944 (9th Cir. Sep 10, 2008)

The Ninth Circuit affirmed the Federal Energy Regulatory Commission's (FERC's) denial of an electricity cooperative's application for a license to construct, operate, and maintain a new hydroelectric power generating facility on the Madison River in Gallatin County, Montana. FERC's conclusion that the proposal would substantially alter an existing FERC-licensed project is supported by substantial evidence. FERC's finding is entirely consistent with its precedents and is entitled to deference. Similarly, FERC's orders are consistent with both its regulations on issuing preliminary permits and its prior issuance of a preliminary permit in this case. Last, operators of the existing project did not impliedly consent to the cooperative's proposed modifications. The court, therefore, affirmed a lower court decision denying the cooperative's petition to review FERC's denial of its application.