Fed. Power Comm'n v. Idaho Power Co., 344 U.S. 17 (1952). · Go Syfert
Fed. Power Comm'n v. Idaho Power Co., 344 U.S. 17 (1952). Cases Citing This Book View Copy Cite
501 citation events (117 in the last 25 years) across 58 distinct courts.
Strongest positive: Sound Action v. United States Army Corps of Engineers (wawd, 2019-10-30)
Treatment trajectory · 1952 → 2026 · click a year to view as-of
1952 1989 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Sound Action v. United States Army Corps of Engineers
W.D. Wash. · 2019 · quote attribution · 1 verbatim quote · confidence high
the 6 function of the reviewing court ends when an error of law is laid bare. at that point the 7 matter once more goes to the commission for reconsideration.
discussed Cited as authority (verbatim quote) Watson v. Lane
M.D. Penn. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a federal court sitting in habeas review finds that the constitutional safeguards . . . of due process, have been violated, the sole remedy that court could offer is a curative hearing.
discussed Cited as authority (verbatim quote) REYES v. FEDERAL BUREAU OF PRISONS
D.N.J. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
if a federal court sitting in habeas review finds that the constitutional safeguards . . . of due process, have been violated, the sole remedy that court could offer is a curative hearing.
examined Cited as authority (quoted) Murray Energy Corp. v. McCarthy (2×)
N.D.W. Va. · 2017 · quote attribution · 2 verbatim quotes · confidence low
western oil
examined Cited as authority (quoted) Bennett v. Donovan (2×)
D.D.C. · 2013 · quote attribution · 2 verbatim quotes · confidence low
the function of the reviewing court ends when an error of law is laid bare. at that point the matter once more goes to the agency for reconsideration.
examined Cited as authority (quoted) Kaiser Foundation Hospitals v. Sebelius (2×)
D.D.C. · 2011 · quote attribution · 2 verbatim quotes · confidence low
the function of the reviewing court ends when an error of law 204 is laid bare. at that point the matter once more goes to the agency for reconsideration
examined Cited as authority (quoted) Nebraska Ex Rel. Bruning v. United States Department of Interior (5×)
8th Cir. · 2010 · quote attribution · 5 verbatim quotes · confidence low
the guiding principle" in cases such as this "is that the function of the reviewing court ends when an error of law is laid bare. at that point the matter once more goes to the agency for reconsideration.
examined Cited as authority (quoted) Hagelin v. Federal Election Commission (2×)
D.D.C. · 2004 · quote attribution · 2 verbatim quotes · confidence low
the function of the reviewing court ends when an error of law is laid bare. at that point the matter once more goes to the commission for reconsideration.
examined Cited as authority (quoted) Friends of Wild Swan v. United States Environmental Protection Agency (2×)
9th Cir. · 2003 · quote attribution · 2 verbatim quotes · confidence low
idaho power
examined Cited as authority (quoted) United States v. Garfield County (2×)
D. Utah · 2000 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the power of congress over public lands ... is 'without limitation.
examined Cited as authority (quoted) Citizens For A Better Henderson v. Hodel (2×)
9th Cir. · 1985 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the power of congress over public lands ... is 'without limitation.
examined Cited as authority (quoted) Citizens for a Better Henderson v. Hodel (2×)
9th Cir. · 1985 · signal: see also · quote attribution · 2 verbatim quotes · confidence low
the power of congress over public lands ... is 'without limitation.
examined Cited as authority (quoted) The Bilingual Bicultural Coalition on Mass Media, Inc. v. Federal Communications Commission, Mission Central Co., Intervenor. Chinese for Affirmative Action v. Federal Communications Commission, Cbs, Inc., Intervenor (2×)
D.C. Cir. · 1978 · signal: see · quote attribution · 2 verbatim quotes · confidence high
(t)he guiding principle . . . is that the function of the reviewing court ends when an error of law is laid bare. at that point the matter once more goes to the commission for reconsideration.
examined Cited as authority (quoted) Bilingual Bicultural Coalition on Mass Media, Inc. v. Federal Communications Commission (2×)
D.C. Cir. · 1978 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
the guiding principle ... is that the function of the reviewing court ends when an error of law is laid bare. at that point the matter once more goes to the commission for reconsideration.
cited Cited as authority (rule) Arnold v. Pennsylvania Parole Board
M.D. Penn. · 2025 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952))).
cited Cited as authority (rule) Jackson Ndungu v. Attorney General United States
3rd Cir. · 2025 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952) (recognizing the general appropriateness of a remand to an agency once “an error of law is laid bare” by a reviewing court).
discussed Cited as authority (rule) Wages and White Lion Invest v. FDA
5th Cir. · 2024 · confidence medium
A court cannot forgive procedural violations simply because the court thinks they did not matter. “[T]he guiding principle, violated here, is that the function of the reviewing court ends when an error of law is laid bare.” FPC v. Idaho Power Co., 344 U.S. 17, 20 (1952).
cited Cited as authority (rule) The Humane Society of the United States v. National Institutes of Health
D. Maryland · 2023 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952).
discussed Cited as authority (rule) Natural Resources Defense Council, Inc. v. U.S. Fish and Wildlife Service
D.D.C. · 2023 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952), “[i]t is a well- established maxim of administrative law that ‘[i]f the record before the agency does not support the agency action, [or] if the agency has not considered all relevant factors, . . . the proper course, except in rare circumstances, is to remand to the agency for additional investigation or explanation.” Calcutt v. Fed.
discussed Cited as authority (rule) Calcutt v. FDIC
SCOTUS · 2023 · confidence medium
The proper course for the Sixth Circuit after finding that the Board had erred was to remand the matter back to the FDIC for further consideration of petitioner’s case. “[T]he guiding principle, violated here, is that the function of the reviewing court ends when an error of law is laid bare.” FPC v. Idaho Power Co., 344 U. S. 17, 20 (1952); see also Gonzales v. Thomas, 547 U. S. 183, 187 (2006) (per curiam) (remanding to agency based on failure by Court of Appeals to “appl[y] the ordinary remand rule” (internal quotation marks omitted)); INS v. Orlando Ventura, 537 U. S. 12, 18 (200…
discussed Cited as authority (rule) Calcutt v. FDIC
SCOTUS · 2023 · confidence medium
The proper course for the Sixth Circuit after fnding that the Board had erred was to remand the matter back to the FDIC for fur- ther consideration of petitioner's case. “[T]he guiding prin- ciple, violated here, is that the function of the reviewing court ends when an error of law is laid bare.” FPC v. Idaho Power Co., 344 U. S. 17, 20 (1952); see also Gonzales v. Thomas, 547 U. S. 183, 187 (2006) (per curiam) (remanding to agency based on failure by Court of Appeals to “appl[y] the ordinary remand rule” (internal quotation marks omit- ted)); INS v. Orlando Ventura, 537 U. S. 12, 18 (…
cited Cited as authority (rule) Ovintiv USA Inc. v. Haaland
D.D.C. · 2023 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952).
cited Cited as authority (rule) CENTER FOR FOOD SAFETY V. MICHAEL REGAN
9th Cir. · 2022 · confidence medium
At that point the matter once more goes to the [agency] for reconsideration.’” (quoting FPC v. Idaho Power Co., 344 U.S. 17, 20 (1952)) (second alteration in original)).
cited Cited as authority (rule) Torres v. Harker
D.D.C. · 2022 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952).
discussed Cited as authority (rule) Virtus Pharmaceuticals, LLC v. Garland
D.D.C. · 2021 · confidence medium
In turn, Article III courts, like this one, are traditionally limited by “the equitable principles governing judicial action,” Ford Motor Co. v. NLRB, 305 U.S. 364, 373 (1939), including the precept that courts should not substitute their own judgment in “essentially administrative functions” subject to an agency’s technical expertise, Federal Power Commission v. Idaho Power Co., 344 U.S. 17, 21 (1952).
cited Cited as authority (rule) Roberto Hernandez-Serrano v. William Barr
6th Cir. · 2020 · confidence medium
Federal Power Commission v. Idaho Power Co., 344 U.S. 17, 21 (1952).
cited Cited as authority (rule) RODGERS v. MEEKS
W.D. Pa. · 2020 · confidence medium
Co., 344 U.S. 17, 20 (1952).
cited Cited as authority (rule) Mayor and City Council Of Baltimore v. Azar
D. Maryland · 2020 · confidence medium
Cir. 1984) (citing FPC v. Idaho Power Co., 344 U.S. 17, 20-21 (1952)). “[T]he ultimate determination of severability will rarely turn on the presence or absence” of a severability clause.
discussed Cited as authority (rule) Enbridge Energy Company, Inc. v. Dane County
Wis. · 2019 · confidence medium
Dane County contends that "the function of the reviewing court ends when an error of law is laid bare." See Federal Power Comm'n v. Idaho Power Co., 344 U.S. 17, 20 (1952). ¶35 The Landowners also urge remand as the proper remedy because the Zoning Committee "never had the opportunity to determine whether Enbridge has Sudden and Accidental Insurance and if not, whether [it] would approve the CUP without . . .
discussed Cited as authority (rule) Center for Biological Diversity v. Environmental Protection Agency
D.C. Cir. · 2017 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952). 27 For the foregoing reasons, we grant the petition for review and remand without vacatur to the EPA for proceedings consistent with this opinion.13 So ordered. 13 The Conservation Groups’ brief asks us to conclude that the “EPA’s registration of [CTP] is an agency action that triggers the duty to consult” and to remand the case to the EPA, not to conduct an initial effects determination, but to engage immediately in formal consultation under 50 C.F.R. § 402.14 (a).
examined Cited as authority (rule) Epsilon Electronics, Inc. v. United States Department of the Treasury (3×) also: Cited "see"
D.C. Cir. · 2017 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952). 30 violation, which depends on three variables: the value of the shipment, whether the violation was “egregious,” and whether the company voluntarily disclosed the violation. 31 C.F.R. pt. 501, App. A, ¶ V(B)(2)(a). 13 OFAC treated the thirty-four violations that predated its January 2012 cautionary letter as non-egregious, and the five violations that postdated the letter as egregious.
cited Cited as authority (rule) Bennett v. Donovan
D.D.C. · 2013 · confidence medium
Power Comm’n v. Idaho Power Co., 344 U.S. 17, 20 (1952) (“[T]he function of the reviewing court ends when an error of law is laid bare.
discussed Cited as authority (rule) Friends of Yosemite v. Kempthorne (2×)
9th Cir. · 2008 · confidence medium
Further support comes from the plain meaning of “comprehensive,” which, according to the Oxford English Dictionary, is “having the attribute of comprising or including much; of large content or scope.” NPS cites to Federal Power Commission v. Idaho Power Co., 344 U.S. 17, 20 (1952), for the proposition that the dis- trict court’s holding conflicts with principles of judicial review.
discussed Cited as authority (rule) Ghebremedhin, Ghebre v. Ashcroft, John
7th Cir. · 2004 · confidence medium
Similarly, Ventura’s reminder that reviewing courts may not intrude upon an agency’s domain echos long-standing principles that courts may not reach out and evaluate evidence and arguments advanced for the first time on review, Chenery, 318 U.S. at 88 , or exercise an essentially administrative function reserved to the agency, Federal Power Comm’n v. Idaho Power Co., 344 U.S. 17, 21 (1952).
discussed Cited as authority (rule) Employees' Retirement System of Texas v. Phyllis Jean Konkle McKillip
Tex. App. · 1997 · confidence medium
See, e.g., Gerst v. Nixon, 411 S.W.2d 350, 354 (Tex. 1966); Davis v. City of Lubbock, 326 S.W.2d 699, 714 (Tex. 1959). "[T]he guiding principle, violated here, is that the function of the reviewing court ends when an error of law is laid bare." Federal Power Comm'n v. Idaho Power Co., 344 U.S. 17, 20 (1952); see also, Federal Communications Comm'n v. Pottsville Broadcasting Co., 309 U.S. 134, 138 (1939).
discussed Cited as authority (rule) State of California, Ex Rel. State Water Resources Control Board State of California, Ex Rel. California Department of Fish & Game Edison Electric Institute National Hydropower Association v. Federal Energy Regulatory Commission, Pacific Gas and Electric Company v. Federal Energy Regulatory Commission, Henwood Associates, Inc. v. Federal Energy Regulatory Commission, American Rivers, Inc. Friends of the River v. Federal Energy Regulatory Commission
9th Cir. · 1992 · confidence medium
As the Commission said in its first ruling on Henwood's motion for declaratory order: 98 According to the United States Supreme Court, under the comprehensive licensing scheme of Part 1 of the FPA "the Commission is plainly made the guardian of the public domain," FPC v. Idaho Power Co., 344 U.S. 17, 23 [ 73 S.Ct. 85, 88 , 97 L.Ed. 15 ] (1952), and the authorization of hydroelectric projects using public lands of the United States "is within the exclusive jurisdiction of" the Commission.
discussed Cited as authority (rule) California ex rel. State Water Resources Control Board v. Federal Energy Regulatory Commission
9th Cir. · 1992 · confidence medium
As the Commission said in its first ruling on Henwood’s motion for declaratory order: According to the United States Supreme Court, under the comprehensive licensing scheme of Part 1 of the FPA “the Commission is plainly made the guardian of the public domain,” FPC v. Idaho Power Co., 344 U.S. 17, 23 [ 73 S.Ct. 85, 88 , 97 L.Ed. 15 ] (1952), and the authorization of hydroelectric projects using public lands of the United States “is within the exclusive jurisdiction of” the Commission.
discussed Cited as authority (rule) Consumer Protection Division Office of the Attorney General v. Consumer Publishing Co.
Md. · 1985 · confidence medium
Co. v. Local No. 627, IUOE, 425 U.S. 800, 805-06 , 96 S.Ct. 1842, 1844-45 [ 48 L.Ed.2d 382 ] (1976); NLRB v. Food Employees Local 347, 417 U.S. 1, 9-11 , 94 S.Ct. 2074, 2079-80 [ 40 L.Ed.2d 612 ] (1974); FPC v. Idaho Power Co., 344 U.S. 17, 19-21 , 73 S.Ct. 85, 87 [ 97 L.Ed. 15 ] (1952); FCC v. Pottsville Broadcasting Co., 309 U.S. 134, 145 , 60 S.Ct. 437, 442 [ 84 L.Ed. 656 ] (1940); Pistorio v. Zoning Bd. of Howard County, 268 Md. 558, 567-70 , 302 A.2d 614, 619 (1973); Montgomery v. Board of County Comm’rs for Prince George’s County, 256 Md. 597, 604 , 261 A.2d 447, 450-51 (1970); Board…
discussed Cited as authority (rule) Sizemore v. Heckler
N.D. Ill. · 1985 · confidence medium
The decision on remand of whether the plaintiffs “objective may be achieved” if the proper law is followed “is an administrative, not a judicial decision.” Id. at 21 , 73 S.Ct. at 87 (footnote omitted).
examined Cited as authority (rule) State Of North Carolina v. Federal Energy Regulatory Commission (5×) also: Cited "see"
D.C. Cir. · 1984 · confidence medium
Id. at 20-21 , 73 S.Ct. at 86-87.
examined Cited as authority (rule) North Carolina v. Federal Energy Regulatory Commission (7×) also: Cited "see"
D.C. Cir. · 1984 · confidence medium
But the Supreme Court said of the identical language in § 313(b) of the Federal Power Act, 16 U.S.C. § 825l (b) (1982), “that authority is not power to exercise an essentially administrative function,” FPC v. Idaho Power Co., supra, 344 U.S. at 21, 73 S.Ct. at 87 , and for that reason held that a reviewing court had exceeded its authority in modifying the FPC’s conditional grant of a license by striking the condition.
discussed Cited as authority (rule) Carpenters Local Union No. 1846 Of The United Brotherhood Of Carpenters And Joiners Of America v. Pratt-Farnsworth, Inc.
5th Cir. · 1983 · confidence medium
Since the selection of an appropriate bargaining unit lies largely within the discretion of the Board, whose decision, "if not final, is rarely to be disturbed," Packard Motor Co. v. NLRB, 330 U.S. 485, 491 ( 67 S.Ct. 789, 793 , 91 L.Ed. 1040 ) (1947), we think the function of the Court of Appeals ended when the Board's error on the "employer" issue was "laid bare." FPC v. Idaho Power Co., 344 U.S. 17, 20 ( 73 S.Ct. 85, 86 , 97 L.Ed. 15 ) (1952). 82 As this Court stated in NLRB v. Food Store Employees, 417 U.S. 1, 9 ( 94 S.Ct. 2074, 2079 , 40 L.Ed.2d 612 ) (1974): 83 "It is a guiding principle…
discussed Cited as authority (rule) Carpenters Local Union No. 1846 of the United Brotherhood of Carpenters & Joiners of America v. Pratt-Farnsworth, Inc.
5th Cir. · 1982 · confidence medium
Since the selection of an appropriate bargaining unit lies largely within the discretion of the Board, whose decision, “if not final, is rarely to be disturbed,” Packard Motor Co. v. NLRB, 330 U.S. 485, 491 [ 67 S.Ct. 789, 793 , 91 L.Ed. 1040 ] (1947), we think the function of the Court of Appeals ended when the Board’s error on the “employer” issue was “laid bare.” FPC v. Idaho Power Co., 344 U.S. 17, 20 [ 73 S.Ct. 85, 86 , 97 L.Ed. 15 ] (1952).
discussed Cited as authority (rule) O'DONNELL v. Bassler (2×)
Md. · 1981 · confidence medium
Co. v. Local No. 627, IUOE, 425 U.S. 800, 805-06 , 96 S. Ct. 1842, 1844-45 (1976); NLRB v. Food Employees Local 347, 417 U.S. 1, 9-11 , 94 S. *510 Ct. 2074, 2079-80 (1974); FPC v. Idaho Power Co., 344 U.S. 17, 19-21 , 73 S. Ct. 85, 87 (1952); FCC v. Pottsville Broadcasting Co., 309 U.S. 134, 145 , 60 S. Ct. 437, 442 (1940); Pistorio v. Zoning Bd. of Howard County, 268 Md. 558, 567-70 , 302 A.2d 614, 619 (1973); Montgomery v. Board of County Comm’rs for Prince George’s County, 256 Md. 597, 604 , 261 A.2d 447, 450-51 (1970); Board of County Comm’rs for Prince George’s County v. Brown, 25…
discussed Cited as authority (rule) Southern Pacific Transp. Co. v. Commissioner
unknown court · 1980 · confidence medium
In the National Lead case, the Court of Appeals stated that the determination of the certifying authority could not be challenged in the Tax Court, citing F.P.C. v. Idaho Power Co., 344 U.S. 17, 20-21 (1952).
discussed Cited as authority (rule) Federal Communications Commission v. National Citizens Committee for Broadcasting
SCOTUS · 1978 · confidence medium
At that point the matter once more goes to the Commission for reconsideration.” FPC v. Idaho Power Co., 344 U. S. 17, 20 (1952); accord, NLRB v. Food Store Employees, 417 U. S. 1, 9-10 (1974); South Prairie Constr.
discussed Cited as authority (rule) Meijer, Inc., a Michigan Corporation v. National Labor Relations Board, Consolidated Independent Union, Local 951 v. National Labor Relations Board (2×)
6th Cir. · 1977 · confidence medium
Much more recently the Supreme Court has reiterated this same principle: Since the selection of an appropriate bargaining unit lies largely within the discretion of the Board, whose decision, “if not final, is rarely to be disturbed,” Packard Motor Co. v. NLRB, 330 U.S. 485, 491 [ 67 S.Ct. 789 , 91 L.Ed. 1040 ] (1947), we think the function of the Court of Appeals ended when the Board’s error on the “employer” issue was “laid bare.” FPC v. Idaho Power Co., 344 U.S. 17, 20 [ 73 S.Ct. 85 , 97 L.Ed. 15 ] (1952).
discussed Cited as authority (rule) Kleppe v. New Mexico
SCOTUS · 1976 · confidence medium
Dist. v. McCracken, 357 U. S. 275, 294-295 (1958); Alabama v. Texas, 347 U. S. 272, 273 (1954); FPC v. Idaho Power Co., 344 U. S. 17, 21 (1952); United States v. California, 332 U. S. 19, 27 (1947); Gibson v. Chouteau, 13 Wall. 92, 99 (1872); United States v. Gratiot, supra, at 537 .
discussed Cited as authority (rule) South Prairie Construction Co. v. Local No. 627, International Union of Operating Engineers
SCOTUS · 1976 · confidence medium
Since the selection of an appropriate bargaining unit lies largely within the discretion of the Board, whose decision, “if not final, is rarely to be disturbed,” Packard Motor Co. v. NLRB, 330 U. S. 485, 491 (1947), we think the function of the Court of Appeals ended when the Board’s error on the *806 “employer” issue was “laid bare.” FPC v. Idaho Power Co., 344 U. S. 17, 20 (1952).
cited Cited as authority (rule) Federal Power Commission v. Transcontinental Gas Pipe Line Corp.
SCOTUS · 1976 · confidence medium
But that authority is not power to exercise an essentially administrative function.” FPC v. Idaho Power Co., 344 U. S. 17, 21 (1952).
Retrieving the full opinion text from the archive…
Federal Power Commission
v.
Idaho Power Co.
12.
Supreme Court of the United States.
Dec 22, 1952.
344 U.S. 17
1952 U.S. LEXIS 2640
Philip Elman argued the cause for petitioner. With him on the brief were Acting Solicitor General Stern, Assistant Attorney General Baldridge, Paul A. Sweeney, Morton Liftin, Bradford Ross and Willard W. Gatchell., Harry A. Poth, Jr. and A. C. Inman argued the cause and filed a brief for respondent.
Douglas, Burton, Clark.
Cited by 226 opinions  |  Published
9 passages pin-cited by 11 cases
Pinpoint authority: #4,917 of 633,719
Citer courts: Ninth Circuit (6) · District of Columbia (6) · Eighth Circuit (4) · D.C. Circuit (4) · D. Utah (2) · N.D. West Virginia (2)
[*19] Mr. Justice Douglas

Respondent applied to petitioner under § 4 (e) of the Federal Power Act, 41 Stat. 1065, 49 Stat. 840, 16 U. S. C. § 797 (e), for a license to construct, operate, and maintain a hydroelectric project (known as the Bliss development) on the Snake River in southern Idaho. This project included a dam and power plant occupying some 500 acres of lands of the United States and two transmission lines. These lines for most of their length crossed lands of the United States and joined the company’s interconnected primary transmission system.

The United States has power projects in this area; and the Bureau of Reclamation and the Bonneville Power Administration were contemplating the construction of a transmission line which would connect the same areas as respondent’s proposed lines. Therefore the Federal Power Commission, on the suggestion of the Secretary of the Interior, authorized the project on conditions specified in paragraph (F) of the order. These conditions, in summary, were that the licensee permit the interconnection of transmission facilities of the United States with the two transmission lines, and the transfer over those lines of energy generated in power plants owned by the United States “in such amounts as will not unreasonably interfere” with the licensee’s use of the lines, the United States to pay the licensee for government power so transmitted.

Respondent petitioned for review of the Commission’s order. The Court of Appeals held that the Commission had no authority to attach the condition. It entered a judgment that the Commission’s order “be modified” and that the cause be remanded to the Commission “for the entry of an order in accordance with the opinion of this Court.” That was on May 10, 1951. 89 U. S. App. D. C. 1, 189 F. 2d 665. The Commission moved for a[*20] clarification of the judgment. On September 21, 1951, the Court of Appeals entered a new judgment, stating that the order of the Commission “be, and it is hereby, modified by striking therefrom paragraph (F) thereof, and that the order of the Federal Power Commission herein as thus modified be, and it is hereby, affirmed.” The petition for certiorari was filed within 90 days of the amended order but more than 90 days after the first order. The question which therefore lies at the threshold of the case is whether the petition is timely. See 28 U. S. C. §2101 (c).

First. If the court did no more by the second judgment than to restate what it had decided by the first one, Department of Banking v. Pink, 317 U. S. 264, would apply and the 90 days would start to run from the first judgment. But the court by the second judgment undertook to modify the license. By the first judgment it did no more than keep the Commission within the bounds set by its opinion. On remand the Commission might have reissued the order without the contested conditions or it might have withheld its consent to any license. It is the Commission’s judgment on which Congress has placed its reliance for control of licenses. See §§ 6, 10 (a), 10 (g). When the court decided that the license should issue without the conditions, it usurped an administrative function. There doubtless may be situations where the provision excised from the administrative order is separable from the remaining parts or so minor as to make remand inappropriate. But the guiding principle, violated here, is that the function of the reviewing court ends when an error of law is laid bare. At that point the matter once more goes to the Commission for reconsideration. See Federal Communications Commission v. Pottsville Broadcasting Co., 309 U. S. 134; Federal Trade Commission v. Morton Salt Co., 334 U. S. 37.[*21] The Court, it is true, has power “to affirm, modify, or set aside” the order of the Commission “in whole or in part.” § 313 (b). But that authority is not power to exercise an essentially administrative function. See Ford Motor Co. v. Labor Board, 305 U. S. 364, 373-374; Siegel Co. v. Federal Trade Commission, 327 U. S. 608. The nature of the determination is emphasized by § 10 (a) which specifies that the project adopted “shall be such as in the judgment of the Commission will be best adapted to a comprehensive plan ... for the improvement and utilization of water-power development, and for other beneficial public uses.” Whether that objective may be achieved if the contested conditions are stricken from the order is an administrative, not a judicial, decision. [1]

Second. The power of Congress over public lands, conferred by Art. IV, § 3 of the Constitution, is “without limitations,” as we stated in United States v. San Francisco, 310 U. S. 16, 29. The Court of Appeals, while recognizing that principle, held that Congress had not granted the Commission authority to condition the use of public lands by requiring a public utility to carry government power. It relied on § 201 (f) of the Act which says that “No provision in this Part shall apply to . . . the United States . . . .” The Part referred to is Part II of the Act which set up a system of control over the transmission of electric energy in interstate commerce. It. granted the Commission authority, among other things, to direct a public utility to establish physical connection of its transmission facilities with the facilities of other persons en[*22] gaged in the transmission or sale of electric energy. § 202 (b). Since that power was not extended to the United States, the court concluded that a license under Part I of the Act could not be conditioned on an interconnection with federal power.

Part I and Part II provide different regulatory schemes. Part II is an exercise of the commerce power over public utilities engaged in the interstate transmission and sale of electric energy. See S. Rep. No. 621, 74th Cong., 1st Sess., p. 17. Part II does not undertake to regulate public lands or the use of navigable streams. That function is covered by Part I, which dates back to the Federal Water Power Act of 1920, 41 Stat. 1063. Section 4 (e) of Part I gives the Commission power to issue licenses to private or public bodies for the purpose of “constructing, operating, and maintaining dams, water conduits, reservoirs, power houses, transmission lines, or other project works necessary or convenient for the development and improvement of navigation and for the development, transmission, and utilization of power across, along, from, or in any of the streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, or upon any part of the public lands and reservations of the United States . . . (Italics added.)

By § 4 (g) the Commission is given authority to investigate the actual or intended occupancy of “public lands” for the purpose of developing electric power and to issue such order as it may find “appropriate, expedient, and in the public interest to conserve and utilize the . . . water-power resources of the region.” As already noted, § 10 (a) provides that no license shall be granted unless in the judgment of the Commission the project “will be best adapted to a comprehensive plan ... for the improvement and utilization of water-power development, and for other beneficial public uses . . .; and if necessary[*23] in order to secure such plan the Commission shall have authority to require the modification of any project . . . before approval.” [2]

Under these sections the Commission is plainly made the guardian of the public domain. The requirement that existing lines be fully utilized before additional lines are authorized would seem to be relevant to a decision under § 10 (a) that the project submitted was consonant with the “comprehensive plan” for the waterway. And the Commission might well determine under § 4 (g) that if public lands are to be used for the transmission of power, conservation of the “water-power resources of the region” requires that public power as well as private power be transmitted over them.

Sections 4 and 10 speak specifically of the public domain — waterways and public lands. Section 6 makes each license subject to all the terms and conditions of the Act and to “such further conditions, if any, as the Commission shall prescribe in conformity with this Act . . . .” Section 6, read in the context of §§ 4 and 10, would seem to give ample authority to the Commission to attach the conditions imposed here. Protection of the public domain, conservation of water-power resources, development of comprehensive plans for the waterways — each of these might on the facts of a case be sufficient to authorize the grant of permission to a public utility company to use the public domain provided it agreed to use its excess capacity to transmit government power.

It is difficult for us to read § 201 (f) as in any way affecting that power. Sections 201 (f) and 202 deal with interconnections of facilities generally. They do not extend the new powers granted by Part II to government[*24] lines. On the other hand they do not purport to change or alter any power granted under Part I. They do not deal with the grant of licenses. They do not purport to lay down conditions for the issuance of licenses for use of the public domain. We therefore cannot construe the limitation on the new powers conferred by Part II as a repeal by implication of the powers over licensees that are deeply engrained in Part I of the Act and put there by the Congress for the purpose of protecting the public domain.

Reversed.

Mr. Justice Burton and Mr. Justice Clark took no part in the consideration or decision of this case.
1

An argument is made that the Commission’s motion for clarification was untimely under the rules of the Court of Appeals governing petitions for rehearing. Assuming, arguendo, that the motion was a petition for rehearing within the meaning of those rules, it was entertained and considered on the merits (cf. Bowman v. Loperena, 311 U. S. 262; Pfister v. Finance Corp., 317 U. S. 144, 149) and the new judgment entered was erroneous.

2

Sections 4 (e) and 10 (a) appeared in the Federal Water Power Act of 1920, 41 Stat. 1063, 1065, 1068. Section 4 (g) was added by the Public Utility Holding Company Act of 1935, 49 Stat. 838, 841.