Court Probes FERC Termination Of Mass. Plant License

By Christie Smythe

Law360, New York (January 14, 2010, 6:27 PM ET) -- Probing the little-used justification of “implied surrender,” a federal appeals court heard arguments Thursday over the Federal Energy Regulatory Commission’s termination of a license for a small hydroelectric plant, which the former owner contends was unfairly stripped from him, according to his attorney.

A three-judge panel questioned attorneys representing parties in the dispute in the U.S. Court of Appeals for the District of Columbia Circuit, seeking to determine whether FERC had a right to revoke the license and deny the former owner an evidentiary hearing....
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