When the Federal Energy Regulatory Commission (FERC) makes a decision, stakeholders with legal standing can challenge that decision by requesting "rehearing."  FERC must then take a hard look at the legality of their decision based on the challenge and respond accordingly.  If the stakeholders still disagree with FERC, then litigation is the only remaining way to challenge FERC's decision.  

On July 19, 2007, FERC issued an order accepting the surrender of the license for Dillsboro Dam, located on the Tuckasegee River. The order established conditions for removal of the project’s dam and powerhouse. Requests for rehearing and clarification of the order were filed by Duke Energy, the U.S. Department of the Interior, and the North Carolina Wildlife Resources Commission, who all support dam removal.  Opponents of dam removal: Jackson County; Macon County; the Town of Franklin; the Friends of Lake Glenville Association, Inc.; T.J. Walker; the Dillsboro Inn; and the Western North Carolina Alliance also filed for rehearing.

FERC agreed with the rehearing requests submitted by dam removal proponents and endorsed subtle changes to their July 2007 order. FERC rejected the rehearing requests of the dam removal opponents in full. In doing so FERC supported the settlement agreement of which AW is a signatory that calls for dam removal. AW views the removal of Dillsboro Dam as a critical component of restoring ecological and social values to the headwaters of the Little Tennessee River, including the Tuckasegee, Nantahala, and Cheoah rivers. 

Yet another hurdle has been cleared on the path to removing Dillsboro Dam and licensing the upstream dam on the West Fork of the Tuckasegee.  It is unclear at this time if dam removal opponents will file litigation to further delay the removal process.