2nd Circ. Nixes FERC License For NY Hydro Plant

Law360, New York (August 12, 2009, 7:58 PM EDT) -- A federal appeals court has overturned a ruling by the Federal Energy Regulatory Commission granting an energy company a 40-year license to operate a hydroelectric plant at New York's Cohoes Falls, ruling that the agency abused its discretion by not considering a rival plan for a new plant that would generate more power.

The U.S. Court of Appeals for the Second Circuit on Monday vacated FERC's ruling granting the license to Erie Boulevard Hydropower LP, a subsidiary of Canada-based Brookfield Power.

The court granted a petition...
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