Federal Power Commission v. Niagara Mohawk Power Corp. (347 U.S. 239)
U.S. Supreme Court · decided March 15, 1954 · Supreme Court Database (Spaeth)
- Citation
- 347 U.S. 239 · 74 S. Ct. 487
- Docket
- No. 28
- Argued
- October 15, 1953
- Decided
- March 15, 1954
- Term
- October Term 1953
- Vote
- 4–3
- Majority author
- Justice Burton
- Issue area
- Economic Activity
- Disposition
- Affirmed
- Outcome
- Petitioning party lost
- Ideological direction
- Conservative
How the Justices voted
- Majority
- Chief Justice Warren, Justice Clark, Justice Frankfurter, Justice Burton (wrote)
- Dissenting
- Justice Black, Justice Douglas (wrote), Justice Minton
Opinion excerpt
Mr. Justice Burton delivered the opinion of the Court. The most significant issue raised by this case is whether the Federal Water Power Act of 1920 has abolished private proprietary rights, existing under state law, to use waters of a navigable stream for power purposes. We agree with the Court of Appeals that it has not. We agree also that in computing a federal licensee’s amortization reserve, required by § 10 (d) of that Act, as amended, the Federal Power Commission was not justified in disallowing the expenses paid or incurred by the licensee in this ease for the use of such rights. March 2, 1921, Niagara Falls Power Company, a New York corporation, predecessor in interest of Niagara Mohawk Power Corporation, a New York corporation, respondent herein, secured from the Federal Power Commission the federal license with which we are concerned. It was the first such license issued under the Federal Water Power Act of 1920. Its term was 50 years. It authorized the diversion of water for power purposes from the Niagara River, above the Falls, and the return of it below the Falls, all in New York. The daily diversion, in the aggregate, could not exceed 19,500 cubic feet per second (c.f. s.). Section 10 (d) of the Act requires each licensee, after 20 years of operation under such a license, to establish and maintain amortization reserves out of any surplus thereafter earned and…
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