BOISE, Idaho – An Idaho utility is challenging a decision by federal regulators rejecting its request to negate an Oregon law requiring fish passage as part of relicensing for a hydroelectric project on the Snake River.
Idaho Power on Friday petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review the Federal Energy Regulatory Commission’s decision in January.
The commission in January dismissed Boise-based Idaho Power’s request that it exempt the three-dam Hells Canyon Complex from an Oregon law requiring fish passage as part of relicensing.
The company says the Supremacy Clause of the U.S. Constitution that has to do with federal authority over states pre-empts the Oregon law.
But the commission said it found no reason why Oregon couldn’t require fish passage and reintroduction as part of relicensing.
