OCR Text |
Show 23 The point is that navigable waters are subject to na- tional planning and control in the broad regulation of commerce granted the Federal Government. Hence, even if the licensee be compelled under the statute at the end of the license period to submit to acquisition of its property at less than fair value, this is no more than the price the licensee must pay for the privilege of maintaining its dam in waters subject to congressional control.77 Thus, annual charges may be imposed on the licensee.78 Also valid is the Federal Power Act's grant to a licensee of the right to bring eminent domain proceedings.78 Likewise valid are the Act's provisions for regulation of licensee's interstate rates.80 Simi- larly, in connection with the Act's provision permitting the United States to take over a licensed project at the end of the license period upon a payment based on original cost, it should be noted that a licensee may be lawfully required to reduce its capitalization to the actual legitimate original cost of its project constructed prior to passage of the Act.81 Some Decisions for Congress Alone.-In the exercise of the commerce power, some decisions are left exclusively to Con- gress. For example: M It is for Congress alone to decide whether a particular project, by itself or as part of a more comprehensive scheme, will have such a beneficial effect on the arteries of interstate commerce as to warrant it. That deter- mination is legislative in character. "311 U. S. at 427-428. When a private company is subject to license control by a state, the situation as to acquisition is the same. Fox River Co. v. Railroad Commission, 274 U. S. 651 (1927). M 311 U. S. at 427; Central Nebraska Public Tower d Irrigation Dist. v. Federal Power Commission, 160 F. 2d 782 (C. A. 8, 1947), cert, den., 332 U. S. 765 (1947). ra Missouri v. Union Electric Light d Power Co., 42 F. 2d 692 (D. C. Mo. 1930). 80 Safe Harbor Water Power Corp. v. Federal Power Commission, 179 F. 2d 179 (0. A. 3,1949), cert, den., 339 U. S. 957 (1950). a Niagara Falls Power Co. v. Federal Power Commission, 137 F. 2d 787 (C. A. 2,1943), cert, den., reh. den., 320 U. S. 792,815 (1943). a Oklahoma v. Atkinson, 313 U. S. 508, 527 (1941). |