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Show 440 A case now before the Federal Power Commission is illus- trative.232 In 1944, Congress "approved" a general plan of development embracing eleven projects for the Roanoke River Basin for flood control and other purposes, as recommended by the Chief of Engineers in House Document No. 650, 78th Congress, 2d session.233 The same provision "authorized" con- struction of two of the eleven projects.234 In 1948, a private company applied for a Federal Power Commission license to develop Roanoke Rapids, one of the remaining nine projects, and that with the highest benefit-cost ratio.235 The Secretary of the Interior, designated by statute as the marketing agent for surplus power from reservoir projects under Army control, is opposing the granting of a license.238 Among other things, he contends that, in approving the eleven-project plan for the basin, Congress reserved this site for federal devel- opment. Furthermore, he maintains that the applicant's plan is not "best adapted to a comprehensive plan" for improving or developing the waterway for the benefit of commerce, "for the improvement and utilization of water-power development, and for other beneficial uses, including recreational purposes," all as required by Section 10(a) of the Federal Power Act.237 He further argues that the benefits to the public would be less under the applicant's plan than under federal development in accordance with House Document No. 650. And he asserts that unified operation of all eleven dams and an integrated transmission system is necessary to attain maximum power benefits. On the other hand, the applicant contends that "approval" of the general plan did not constitute a reservation of the site 232 Re Virginia Electric and Power Company, Project No. 2009, Federal Power Commission. 283 Act of December 22,1944, § 10, 58 Stat. 887, 891. 234 Id. 285 Re Virginia Electric and Power Company, Project No. 2009; and H. Doc. No. 650, 78th Cong., 2d sess., pp. 7-8 (1944). 280 Act of December 22,1944, § 5, 58 Stat. 887, 890. See briefs of the Secre- tary of the Interior filed in Re Virginia Electric and Power Company, Project No. 2009, Federal Power Commission. 287 Act of June 10, 1920, §10(a), 41 Stat. 1063, 1068, as amended, 16 U. S. C. 803(a). See also supra, p. 275. |