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Fourth Branch Associates v. Federal Energy Regulatory Commission

Petition for review of FERC orders denied; FERC's initiation of an implied surrender proceeding was not a final agency action, so the court lacked jurisdiction to consider reviewing that order; FERC did not act arbitrarily or capriciously by dismissing petitioner's complaint against its co-licensee because petitioner's assertions did not establish adequate grounds for investigating its anticompetition claims.

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Argued May 8, 2001

On Petition for Review of Orders of the Federal Energy Regulatory Commission

The Federal Energy Regulatory Commission (“FERC”) issued a joint license to Fourth Branch Associates (Mechanicville) and Niagara Mohawk Power Corporation to redevelop the Mechanicville Hydroelectric Plant, owned by Niagara Mohawk. The relationship between the co-licensees eroded, and a spate of litigation ensued. Within two years of receiving the license, Fourth Branch filed a complaint with the Commission alleging that Niagara Mohawk was engaging in anticompetitive conduct in violation of the Federal Power Act, see 16 U.S.C. s 803(h), in attempting to limit the power output of the Mechanicville plant by refusing to purchase power from the plant.

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