[DOWNLOAD] "Fourth Branch Associates v. Federal Energy Regulatory Commission" by District of Columbia Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Fourth Branch Associates v. Federal Energy Regulatory Commission
- Author : District of Columbia Circuit U.S. Court of Appeals
- Release Date : January 19, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
Argued May 8, 2001 On Petition for Review of Orders of the Federal Energy Regulatory Commission The Federal Energy Regulatory Commission (""FERC"") issued a joint license to Fourth Branch Associates (Mechanicville) and Niagara Mohawk Power Corporation to redevelop the Mechanicville Hydroelectric Plant, owned by Niagara Mohawk. The relationship between the co-licensees eroded, and a spate of litigation ensued. Within two years of receiving the license, Fourth Branch filed a complaint with the Commission alleging that Niagara Mohawk was engaging in anticompetitive conduct in violation of the Federal Power Act, see 16 U.S.C. s 803(h), in attempting to limit the power output of the Mechanicville plant by refusing to purchase power from the plant. After efforts to mediate the dispute failed, the Commission issued an order dismissing the complaint because Fourth Branch had not articulated facts sufficient to establish a claim for anticompetiveness. See Fourth Branch Assocs. (Mechanicville) v. Niagara Mohawk Power Corp., 89 F.E.R.C. p 61,194 (1999). Explaining that the two parties were unable to continue operating the plant--because one is unwilling (Niagara Mohawk) and the other unable (Fourth Branch)-the Commission gave notice of its intent to accept the parties' implied surrender of the Mechanicville license. See id. at 61,598. The Commission subsequently denied Fourth Branch's request for rehearing. See Fourth Branch Assocs. (Mechanicville) v. Niagara Mohawk Power Corp., 90 F.E.R.C. p 61,250 (2000).
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