STATE of North Carolina, ex rel. UTILITIES COMMISSION; Rufus L. Edmisten, Attorney General; Public Staff; Henry J. Truett; Town of Bryson City; Swain County Board of County Commissioners; Cherokee, Graham and Jackson Counties, the Towns of Andrews, Dillsboro, Robbinsville, and Sylva; the Tribal Council of the Eastern Band of Cherokee Indians; Muriel Maney; and Derol Crisp
v.
NANTAHALA POWER AND LIGHT COMPANY; Aluminum Company of America; and Tapoco, Inc.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
July 3, 1985.
July 3, 1985.
Attorney(s) appearing for the Case
Hunton & Williams by Robert C. Howison, Jr., and Edward S. Finley, Jr., Raleigh, for defendant-appellant Nantahala Power and Light Co.
LeBoeuf, Lamb, Leiby & MacRae by Ronald D. Jones and David R. Poe, Raleigh, for respondent-appellants Aluminum Co. of America and Tapoco, Inc.
Rufus L. Edmisten, Atty. Gen. by Richard L. Griffin, Asst. Atty. Gen., Robert Gruber, Executive Director by James D. Little, Staff Atty., The Public Staff, Raleigh, for Using and Consuming Public.
Crisp, Davis, Schwentker & Page by William T. Crisp and Robert W. Schwentker, Raleigh, for Henry J. Truett, Counties of Cherokee, Graham, Swain and Jackson, Towns of Andrews, Dillsboro, Robbinsville, Bryson City and Sylva, and Tribal Council of the Eastern Band of Cherokee Indians.
Joseph A. Pachnowski, Bryson City, for Swain County and Town of Bryson City.
Western North Carolina Legal Services by Larry Nestler, Sylva, for Derol Crisp.
McKeever, Edwards, Davis & Hays by Fred H. Moody, Jr., Bryson City for Swain County.
Charles L. Lewis, Asst. Atty. Gen., Nashville, Tenn., for State of Tenn. and Tennessee Dept. of Economic and Community Development, amici curiae.
Mayer & Magie by Roderic G. Magie, Highlands, and Spiegel & McDiarmid by James N. Horwood, Cynthia S. Bogorad, and P. Daniel Bruner, Washington, D.C., for Town of Highlands, amicus curiae.
Supreme Court of North Carolina.
MEYER, Justice.
TABLE OF CONTENTS
Preliminary Matters
I
A. Procedural Background
B. Historical Development of the Unified Nantahala-Tapoco System
C. Factual Predicates of the Roll-In
1. Public Utility Status of Tapoco2. Nantahala and Tapoco as a Unified System3. Public Utility status of Alcoa
D. Mechanics of the Roll-In in the Allocation of System Costs
II
A. Federal...
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