1st Circ. Denies Starrett Rehearing In FERC Dam Row

Law360, New York (August 31, 2011, 4:51 PM EDT) -- The First Circuit on Wednesday denied L.S. Starrett Co.'s bid for a rehearing over alternative grounds that the Federal Energy Regulatory Commission used to justify its exercise of jurisdiction over a dam repair project in Massachusetts.

Starrett couldn't convince the court to rule that an increase in the project's so-called net head, which involves water surface elevation, doesn't amount to an independent basis for FERC jurisdiction over the proposed changes to a hydroelectric generating facility.

“However, if it is raised, the court urges the parties to...
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