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Knott v. Federal Energy Regulatory Comm'n

ELR Citation: 34 ELR 20126
Nos. Nos. 00-1909 et al., (1st Cir., 10/25/2004)

The First Circuit denied an electric company's petition for review of three Federal Energy Regulatory Commission (FERC) orders that asserted mandatory licensing authority over the company's hydroelectric project, required the company to install gauges to measure stream flow at the project, and required project design revisions to be submitted on microfiche cards. Per §23(b)(1) of the Federal Power Act, FERC determined that the project site was located on a waterway suitable for use in interstate commerce and, thus, properly asserted mandatory jurisdiction over the project. In addition, the court lacks jurisdiction to hear the company's takings claim against the federal government because the Tucker Act vests exclusive jurisdiction in the U.S. Court of Federal Claims. Lastly, FERC reasonably ordered project drawings to be submitted on microfiche and the installation of stream flow gauges.