ELR Citation: ELR 20117
No(s). 463 (U.S. Jun 5, 1967)

The Federal Power Commission's 1964 decision to grant licenses to a private power consortium for the development of hydroelectric power projects at High Mountain Sheep on the Snake River is reversed, because issues regarding whether the federal government, rather than the private sector, should develop these water resources had not been adequately evaluated by the FPC, as required by §7(b) of the Federal Water Power Act of 1920, 16 U.S.C. §800(b). The applicants did not introduce evidence addressed to the advisability of federal development, and the FPC by its rulings on the Secretary of the Interior's application to intervene made it impossible for the FPC to have the informed judgment which §7(b) requires. Under §10(a) of the Federal Water Power Act, the FPC must protect recreational river uses. Section 2 of the Anadromous Fish Act of 1965, 16 U.S.C. §§757 et seq., gives the Secretary of the Interior a special mandate to appear, intervene and introduce evidence on proposed river development programs. The project's impact on wildlife must also be evaluated. Lastly, the urgency of the project was not fully explored, especially in view of the probable future development of other energy sources. The determinative test is whether the project will be in the public interest, which requires that all relevant issues be explored. (The FPC's 1971 decision on this remand from the Supreme Court appears at 1 ELR 30017.)

Counsel for Petitioner:
Louis F. Claiborne
Deputy Solicitor General
Office of the Solicitor General
Washington, DC
(202) 739-2201

Counsel for Respondent:
Richard A. Solomon
General Counsel
Federal Power Commission
Washington, DC
(202) 386-5443

Counsel for Respondent Pacific Northwest Power Co. et al.
Hugh Smith, Esq.
Rives, Bonyhadi & Hall
1400 Public Service Bldg.
Portland, OR 97204
(503) 224-3920

Counsel for the State of Oregon:
Robert Y. Thornton Attorney General
Office of the Attorney General Salem, OR 97308
(503) 378-4400

Counsel for the Idaho Fish and Game Commission:
Allan G. Shepard Attorney General
Office of the Attorney General
Boise, ID 83707
(208) 384-2400

Counsel for the Idaho Wildlife Federation:
C. Frank Reifsnyder
Idaho Wildlife Federation
1304 Eastman
Boise, ID 83707
(208) 342-7338

Counsel for Respondent Washington State Sportsmen's Council, Inc.:
Joseph T. Mijich
IBM Building
Seattle, WA 98101
(206) 624-2832

MR. JUSTICE FORTAS took no part in the consideration or decision of these cases.