Key legal question
How to determine the 'electrical power' threshold under the former Energy Utilization Ordinance for hydropower plants
Extracted holding
The threshold is determined by an objective, plant-based electrical output derived from the water's average mechanical gross power and the overall technical efficiency, not by the plant's actual average annual production.
Extracted reasoning
The court held that a manipulable actual-output approach would defeat the purpose of the preferential regime. An objective measure tied to the plant's potential and not operator-controlled is consistent with the ordinance's purpose and with the later statutory solution.