Petition for review of several orders and notices issued by the Federal Energy Regulatory Commission during the proceedings to relicense the School Street Hydroelectric Project is denied in part and granted in part where: 1) co-petitioner Adirondack Hydro Development Corporation lacks standing to challenge any of the orders or notices issued in the administrative proceedings, as none of the injuries identified by Adirondack are sufficient to satisfy the injury-in-fact requirement of the standing analysis; and 2) the FERC abused its discretion and acted acted arbitrarily and capriciously when it denied petitioner Green Island's motion to intervene without first considering whether the settlement offer materially amended the School Street license application.
Appeal from the Federal Energy Regulatory Commission.
Argued December 19, 2008
Decided August 10, 2009
Before SACK and KATZMANN, Circuit Judges.
Opinion by KATZMANN, Circuit Judge.
For Respondent: HOLLY E. CAFER, Federal Energy Regulatory Commission, Washington, D.C.