L.S. Starrett Company v. Federal Energy Regulatory Commission

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Before Torruella, Stahl, and Howard, Circuit Judges.

L.S. Starrett Company (“Starrett”) appeals from two orders by the Federal Energy Regulatory Commission (“FERC” or “Commission”). The Commission concluded that Starrett would be required to seek licensing pursuant to Section 23(b) of the Federal Power Act (“FPA”)*fn1 if it proceeded with certain proposed changes to its Crescent Street Dam Project (“the Project”), a hydroelectric generating facility. Under Section 23(b), Starrett must seek licensing if (1) its facility is located on a stream over which Congress has Commerce Clause jurisdiction, (2) its proposed changes constitute “post-1935 construction” within the meaning of the FPA, and (3) the proposed modifications will affect the interests of interstate or foreign commerce. See 16 U.S.C. § 817(1). For the reasons below, we conclude that we have no choice*fn2 but to affirm.

I. Background

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