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United States Court of Appeals for the Second Circuit
October 8, 1965, Argued ; December 29, 1965, Decided
No. 106, Docket No. 29853
[*611] HAYS, Circuit Judge:
In this proceeding the petitioners are the Scenic Hudson Preservation Conference, an unincorporated association consisting of a number of non-profit, conservationist organizations, and the Towns of Cortlandt, Putnam Valley and Yorktown. Petitioners ask us, pursuant to § 313(b) of the Federal Power Act, 16 U.S.C. § 825l(b), to set aside three orders of the respondent, the Federal Power Commission: 1
(a) An order of March 9, 1965 granting a license to the intervener, the Consolidated Edison Company of New York, Inc., to construct a pumped storage hydroelectric project on the west side of the Hudson River at Storm King Mountain in Cornwall, New York;
(b) An order of May 6, 1965 denying petitioners' application for a rehearing of the March 9 order, and for the reopening of the proceeding to permit the introduction of additional evidence;
(c) An order of May 6, 1965 denying joint motions filed by the petitioners to expand the scope of supplemental hearings to include consideration of the practicality and cost of underground transmission lines, [**2] and of the feasibility of any type of fish protection device.
A pumped storage plant generates electric energy for use during peak [**3] load periods, 2 using hydroelectric units driven by water from a headwater pool or reservoir. The contemplated Storm King project would be the largest of its kind in the world. Consolidated Edison has estimated its cost, including transmission facilities, at $162,000,000. The project would consist of three major components, a storage reservoir, a powerhouse, and transmission lines. The storage reservoir, 3 [**4] located over a thousand feet above the powerhouse, is to be connected to the powerhouse, located on the river front, by a tunnel 40 feet in diameter. The powerhouse, which is both a pumping and generating station, would be 800 feet long and contain eight pump generators. 4
Transmission lines would run under the Hudson to the east bank and then underground for 1.6 miles to a switching station which Consolidated Edison would build at Nelsonville in the Town of Philipstown. Thereafter, overhead transmission lines would be placed on towers 100 to 150 feet high and these would require a path up to 125 feet wide 5 [*612] through Westchester and Putnam Counties for a distance of some 25 miles until they reached Consolidated Edison's main connections with New York City. 6
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
354 F.2d 608 *; 1965 U.S. App. LEXIS 3514 **; 1 ERC (BNA) 1084; 1 ELR 20292
SCENIC HUDSON PRESERVATION CONFERENCE, Town of Cortlandt, Town of Putnam Valley and Town of Yorktown, Petitioners, v. FEDERAL POWER COMMISSION, Respondent, and Consolidated Edison Company of New York, Inc., Intervener
license, transmission line, River, Federal Power Act, underground, scenic, proceedings, hearings, planning, turbines, peaking, pumped, fish, resources, plant, public interest, gas turbine, installation, recreational, interconnected, estimates, intervene, parties, storage, beauty, feet, additional evidence, Petitioners', transmission, facilities
Business & Corporate Compliance, Real Property Law, Zoning, Comprehensive Plans, Energy & Utilities Law, Electric Power Industry, Federal Power Act, General Overview, Regulators, US Federal Energy Regulatory Commission, Hydroelectric Power Industry, Administrative Proceedings, Judicial Review, Historic Preservation, Civil Procedure, Justiciability, Standing, Case & Controversy Requirements, Constitutional Law, Case or Controversy, Elements, Preliminary Considerations, The Judiciary, Governments, Legislation, Interpretation, Parties, Intervention, Intervention of Right, Administrative Law, Reviewability, Standing, Public Utility Commissions, Hearings & Orders, Judicial Review, Standards of Review