Show SUPREME COURT REFUSES ACTION Declines to Decide Federal Power Commission Question I WASHINGTON Feb 19 P C The W-The The I supreme court refused today to decide decide de do- cide whether the federal power commission com corn mission miss has authority to regulate the I operations of hydro electric electric o-electric power companies on non streams It announced it would not review a ease brought by the Appalachian Electric Power company of Virginia which contended the government had no right to regulate its huge project on New river The company owns approximately 2550 acres of ot land and has flowage rights over approximately more along the river approximately approximate miles upstream from the head of navigation nav nay on the Kanawha river The company filed suit in the federal federal federal fed fed- eral district court for western Virginia Virginia Virginia Vir Vir- ginia to challenge the jurisdiction oi of the commission Virginia entered the also challenging federal jurisdiction The trial court sustained the com com- mission In October 1933 the Fourth circuit court of ot appeals declared de de- de dared court should not have decided the case on its merits but should have dismissed dismissed the suit |