ELECTRICITIES OF N.C. v. SOUTHEASTERN POWER ADMIN.

No. 84-2271.

774 F.2d 1262 (1985)

ELECTRICITIES OF NORTH CAROLINA, INC.; Virginia Municipal Electric Association No. 1, and the Cities of Bennettsville and Camden, South Carolina, Appellants, v. The SOUTHEASTERN POWER ADMINISTRATION; Harry C. Geisinger, in his capacity as Administrator; The Department of Energy, and Donald P. Hodel, in his capacity as Secretary of Energy; Cities of Dothan, Opelika, Troy, Alexander City, Fairhope, Lanett, Piedmont, Lafayette, Utilities Board of Cities of Foley, Sycacauga, and Tuskegee and Electric Board of City of Luverne, Municipal Electric Authority of Georgia and the Cities of Fort Valley and Thomasville, and the Utilities Commission of Fort Valley, Georgia, North Carolina Electric Membership Corporation, Albemarle Electric Membership Corporation, Blue Ridge Electric Membership Corporation, Brunswick Electric Membership Corporation, Carteret-Craven Electric Membership Corporation, Central Electric Membership Corporation, Cresent Electric Membership Corporation, Edgecombe-Martin County Electric Membership Corporation, Four County Electric Membership Corporation, Harkers Island Electric Membership Corporation, Halifax Electric Membership Corporation, Haywood Electric Membership Corporation, Jones-Onslow Electric Membership Corporation, Lumbee River Electric Membership Corporation, Pee Dee Electric Membership Corporation, Piedmont Electric Membership Corporation, Pitt-Greene Electric Membership Corporation, Randolph Electric Membership Corporation, Roanoke Electric Membership Corporation, Rutherford Electric Membership Corporation, South River Electric Membership Corporation, Tideland Electric Membership Corporation, Tri-County Electric Membership Corporation, Union Electric Membership Corporation, Wake Electric Membership Corporation, Alabama Electric Cooperative, individually and as Power Supply Agent for Baldwin County Electric Membership Corporation, Central Alabama Electric Cooperative, Choctawhatchee Electric Cooperative, Clarke-Washington Electric Membership Corporation, Coosa Valley Electric Cooperative, Dixie Electric Cooperative, Pea River, Electric Cooperative, Pioneer Electric Cooperative, Tallapoosa River Electric Cooperative, West Florida, Electric Cooperative, Wiregrass Electric Cooperative Oglethorpe Power Corporation, Snapping Shoals Electric Membership Corporation, South Mississippi Electric Power Association, Yazoo Calley Electric Power Association, Southwest Mississippi Electric Power Association, Coahoma Electric Power Association, Delta Electric Power Association, Magnolia Electric Power Association, Twin County Electric Power Association, Singing River Electric Power Association, Southern Pine Electric Power Association, Central Electric Power Cooperative, Inc., Mid-Carolina Electric Cooperative, Inc., Saluda River Electric Cooperative, Inc., Laurens Electric Cooperative, Inc., Old Dominion Electric Cooperative, Inc., B-A-R-C Electric Cooperative, Central Virginia Electric Cooperative, Community Electric Cooperative, Craig-Botetourt Electric Cooperative Mechlenberg Electric Cooperative, Northern Neck Electric Cooperative, Prince George Electric Cooperative, Prince William Electric Cooperative, Rappahannock Electric Cooperative, Shenandoah Valley Electric Cooperative, Southside Electric Cooperative, South Carolina Public Service Authority, The City of Bedford, Danville, Martinsville, Radford, Richlands, Salem, Virginia and Virginia Polytechnic Institute and State University, City of Morganton, The Town of Drexel, The Town of Bostic, Tennessee Valley Authority, East Mississippi Electric Power Association, Tennessee Valley Public Power Association, The Electric Power Board of Chatanooga, The Upper Cumberland Electric Membership Corporation, The Pontotoc Electric Power Association, The Bristol Tennessee Electric System, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 10, 1985.


Attorney(s) appearing for the Case

James N. Horwood, Washington, D.C. (Marc R. Poirier, Donald Weightman, Spiegel & McDiarmid, Washington, D.C., John R. Jolly, Ernie K. Murray, Spruill & Spruill, Rocky Mount, N.C., on brief), for appellants.

Drake Cutini, Dept. of Justice, Civil Div., Washington, D.C. (Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Samuel T. Currin, U.S. Atty., Raleigh, N.C., Robert S. Greenspan, Dept. of Justice, Civil Div., Washington, D.C., on brief) and Clinton A. Vince, Washington, D.C. (Bernhardt K. Wruble, Nancy A. Wodka, Verner Liipfert, Bernhard, McPherson & Hand, Washington, D.C., L. Clifford Adams, Jr., Heard, Leverett & Adams, Elberton, Ga., Hugh P. Morrison, Jr., M. Rand McQuinn, Cahill, Gordon & Reindel, Reuben Goldberg, Channing D. Strother, Jr., Goldberg, Fieldman & Letham, P.C., Washington, D.C., Thomas J. Bolch, Raleigh, N.C. on brief), for appellees.

Before WINTER, Chief Judge, HALL, Circuit Judge and BUTZNER, Senior Circuit Judge.


HARRISON L. WINTER, Chief Judge.

This appeal challenges the final power marketing policy of the Southeastern Power Administration (SEPA), a federal power marketing agency within the Department of Energy. Plaintiffs, various municipally-owned electric systems in North Carolina, South Carolina, and Virginia, along with the Cities of Bennettsville and Camden, South Carolina (collectively referred to herein as "ElectriCities"), brought this action in the district court...

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