Eastern Hydroelectric Corp. v. Federal Energy Regulatory Commission, No. 15-11667 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit denied a petition for review of the Commission's decision to revoke petitioner's license to generate hydroelectricity at the Juliette Dam. The court held that the Commission was authorized to revoke petitioner's license under section 823b of the Federal Power Act, 16 U.S.C. 823b, because petitioner violated a compliance order by never submitting effectiveness protocols or documentation of its consultation with the Resource Agencies and substantial evidence supported the Commission's conclusion that the violation was done knowingly. Furthermore, the record showed that petitioner was given adequate notice and opportunity to be heard and that the Commission took into consideration the nature and seriousness of petitioner's violation and its compliance efforts. The court rejected petitioner's remaining arguments.