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ORANGEBURG, SOUTH CAROLINA v. F.E.R.C.

No. 15-1274.

862 F.3d 1071 (2017)

ORANGEBURG, SOUTH CAROLINA, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 2017.

Attorney(s) appearing for the Case

James N. Horwood argued the cause for petitioner. With him on the briefs were Peter J. Hopkins and Jessica R. Bell , Washington, DC.

Beth G. Pacella , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. On the brief were Robert H. Solomon , Solicitor, and Karin L. Larson , Attorney.

Before: Millett and Wilkins, Circuit Judges, and Randolph, Senior Circuit Judge.

Orangeburg, South Carolina, a city of approximately 14,000 residents, has been trying to cut a better deal for wholesale power. The South Carolina city located a willing supplier in neighboring North Carolina but, according to Orangeburg, the deal was scuttled by the North Carolina Utilities Commission ("NCUC"), the state...

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