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First Iowa Hydro-Electric Cooperative v. Federal Power Commission

328 U.S. 152, 66 S. Ct. 906, 90 L. Ed. 1143 (1946)

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First Iowa Hydro-Electric Cooperative v. Federal Power Commission

United States Supreme Court
328 U.S. 152, 66 S. Ct. 906, 90 L. Ed. 1143 (1946)

Facts

The First Iowa Hydro-Electric Cooperative (the cooperative) (plaintiff) sought a license from the Federal Power Commission (the commission) (defendant) to build a dam and reservoir on the Cedar River near Moscow, Iowa, and a power plant on the Mississippi River near Muscatine, Iowa (the project). The proposed project included a significant diversion of water from the Cedar River that would result in a major reduction in flow on the Cedar River and deliver the water to a new upstream point on the Mississippi River. Iowa opposed the project. The commission determined that the project was reasonable and practical, provided substantial benefits in power and recreational opportunities, and had a reasonable price. Nonetheless, without prejudice, the commission dismissed the license application because the cooperative had failed to show that the project also complied with state law and procedures, as the commission felt may be required under the Federal Power Act (the act). The cooperative appealed the dismissal to the United States Court of Appeals for the District of Columbia Circuit, which affirmed the dismissal. The cooperative then sought and was granted certiorari by the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Burton, J.)

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