On January 30, 2015, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) took the highly unusual step of amending an earlier opinion and issuing a statement to further explain its rejection as untimely of an appeal filed by property owners in response to FERC’s issuance of a new 30-year hydroelectric license to Alabama Power Company. Although the D.C. Circuit amended its prior opinion and issued an explanatory statement, it nevertheless denied en banc review of its earlier decision.
Previously, on September 26, 2014, the D.C. Circuit issued an opinion holding that a petition for review by the Smith Lake Improvement and Stakeholder Association was filed too late with the Court. Under Section 313(b) of the Federal Power Act, an aggrieved party wishing to appeal a final FERC order has 60 days from the date of the order being appealed to seek court review. (more…)