FPA Preempts State Hydropower Laws: DC Circ.

Law360, New York (December 1, 2008, 12:00 AM EST) -- An appeals court has ruled that states cannot exceed Federal Power Act requirements in making operators of hydroelectric plants pay upstream dam operators for costs associated with providing headwater benefits, overturning a decision by the Federal Energy Regulatory Commission.

Judge Stephen F. Williams, writing for the majority of a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, ruled Friday that the FPA, which requires that downstream plant operators reimburse upstream dam operators for “interest, maintenance and depreciation” they incur while providing headwater...
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