Regulation of hydropower: Who is in charge?
- Troutman Sanders, Washington, DC (United States)
The regulatory, legislative and judicial branches of government all have played a role in twisting and changing FERC`s authority over hydropower. At times authority over hydropower is kept at FERC; at other times it is granted to state or federal agencies. At present, decisions are driven by competing uses of water that require differing flows or quantities of water. It is the highest and best use of the f lows and the quantities that will dictate whether water quantities are used for hydropower or fish habitat. However, that is not where it all started. In First Iowa, the Federal Power Commission ({open_quotes}FPC{close_quotes}) (predecessor to FERC) dismissed a license application solely on the ground of the failure of the license applicant to comply with Iowa statutes. Iowa law provided that no dam could be constructed or operated unless a permit had been issued by a state agency. The U.S. Supreme Court reversed the Commission deciding that the Iowa statute would vest in an Iowa agency a veto power over a federal project and thereby subordinate the FPC`s comprehensive planning obligation to state control. The Court ruled that there is a separation of those subjects that are under the jurisdiction of the states from those subjects that the Constitution delegates to the United States and over which Congress vests the FPC with authority to act. The Court stated that this {open_quotes}duality does not require two agencies to share in the final decision of the same issue.{close_quotes} Although the Supreme Court ruled that federal jurisdiction is preeminent, it should be underscored that it was the FPC`s decision to defer to state authority in the first place. The Supreme Court decision is a determinations that flows for hydropower purposes should be made by the FPC under authority of the Federal Power Act.
- OSTI ID:
- 219982
- Report Number(s):
- CONF-9507190-; TRN: 96:000708-0064
- Resource Relation:
- Conference: Waterpower 1995: international conference, San Francisco, CA (United States), 25-28 Jul 1995; Other Information: PBD: 1995; Related Information: Is Part Of Waterpower`95. Volume 1-3; Cassidy, J.L. [ed.]; PB: 2869 p.
- Country of Publication:
- United States
- Language:
- English
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