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B-236481 1 (1990-02-16)

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Comptroller Ge.,-ml
of the United States
Washington, D.C. 20548                              2   ,1




B-23 6481
*February 16, 1990

The Honorable John D. Dingell
Chairman
Subcommittee on Oversight and Investigations
Committee on Energy and Commerce
House of Representatives

Dear Mr. Chairmang

This is in response to your letter dated June 12, 1989, in
which you asked for our views on three legal issues
concerning the Glines Canyon and Elwha River Dams:

(1) Whether the Federal Energy Regulatory Commission (FERC)
has jurisdiction to issue a new license for the Glines
Canyon Dam;

(2) Whether FERd may add conditions to its annual licenses
on the Glines Canyon Dam for the restoration of fisheries;
and

(3) Whether any federal agency may order either dam removed.

First, we believe that FERC does not have jurisdiction to
issue a new license for the Glines Canyon Dam.

Second, because FERC does not have jurisdiction to issue a
new license for the Glines Canyon Dam, it does not have
authority to issue annual licenses, much less condition
their issuance.

Third, we have concluded that FERC has the authority to
order either or both dams removed.

We hope our comments are helpful to you. We have enclosed
our more detailed analysis of these issues. Under our usual









             W    .L ccY

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