ELR Citation: ELR 20678
No(s). 94-1904 (4th Cir. Dec 22, 1994)

The court denies a petition for a writ of mandamus that would require the Federal Energy Regulatory Commission (FERC) to enter a final decision on a power utility's application for approval to transfer easements to the city of Virginia Beach, Virginia, for a water pipeline from Lake Gaston to the city. Nearly two years after the utility applied for FERC approval of the transfer, FERC concluded that it must draft an environmental impact statement (EIS) for the project. The city petitioned the court for a writ of mandamus, arguing that FERC had failed to issue a decision on the utility's application within a reasonable time in violation of the Administrative Procedure Act, 5 U.S.C. §555(b). The court first holds that FERC has a duty to comply with the National Environmental Policy Act. Although FERC is scheduled to issue its final EIS for the project almost four-and-one-half years after receiving the utility's application, the court holds that rational explanations exist for the delay. Noting FERC's continuing assurance of expedited treatment and its promise to adhere to a tight schedule, the court holds that the delays have not been so egregious as to meet the demanding standard required for a writ of mandamus.

Counsel for Petitioner
M. Scott Hart, John F. Kay Jr.
Mays & Valentine
Nationsbank Ctr.
1111 E. Main St., P.O. Box 1122, Richmond VA 23208
(804) 697-1200

Counsel for Respondent
Peter R. Steenland Jr.
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000

Before HALL, MURNAGHAN, and NIEMEYER, Circuit Judges.