[Download] "Carolina Aluminum Co. v. Federal Power Commission." by United States Court of Appeals for the Fourth Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Carolina Aluminum Co. v. Federal Power Commission.
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 06, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
This is a petition to review and set aside a finding of the Federal Power Commission to the effect that interstate or foreign commerce would be affected by the proposed construction by petitioner of a hydro-electric power project on the Yadkin River near Tuckertown, North Carolina. On May 29, 1937, petitioner filed with the Commission a declaration of intention to construct the project. A hearing was thereupon held by the Commission and much evidence was taken bearing upon the issue as to whether the navigability of the Pee Dee River in its navigable portion would be affected by the proposed construction. The Commission on November 16, 1937, filed its opinion on the facts and made the following finding: "That the interests of interstate or foreign commerce would be affected by such proposed construction of the said project." No order was entered, however, requiring petitioner to take or refrain from taking any action whatsoever or granting or denying any form of relief. A petition was promptly filed with the Commission alleging error in the finding and asking a rehearing on that ground; but this was denied as being without merit. Petition for review was then filed with this court. The matter may be briefly disposed of, as we are of opinion that we are given no power to review a mere finding as distinguished from an order of the Commission.