STATE of North Carolina ex rel. UTILITIES COMMISSION, Public Staff-North Carolina Utilities Commission, Attorney General, Roy Cooper, Carolina Utility Customers Association, Inc., Carolina Industrial Groups for Fair Utility Rates I and II, Virginia Electric and Power Company D/B/A Dominion North Carolina Power, North Carolina Municipal Power Agency Number 1, and North Carolina Eastern Municipal Power Agency, Inc.
v.
CAROLINA POWER & LIGHT COMPANY, Duke Power Company, and North Carolina Electric Membership Corporation.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
July 1, 2005.
July 1, 2005.
Attorney(s) appearing for the Case
Roy Cooper, Attorney General, by Leonard G. Green, Assistant Attorney General, for appellant Attorney General.
Robert P. Gruber, Executive Director, and Antoinette R. Wike, Chief Counsel, by Gisele L. Rankin, Staff Attorney, for appellant Public Staff-North Carolina Utilities Commission.
West Law Offices, P.C., by James P. West, for appellant Carolina Utility Customers Association, Inc.
Bailey & Dixon, L.L.P., by Ralph McDonald, Raleigh, for appellant Carolina Industrial Group for Fair Utility Rates II.
Hunton & Williams, by Edward S. Finley, Jr., for appellees Carolina Power & Light Company, Duke Power Company, and intervenor North Carolina Electric Membership Corporation; Len S. Anthony for appellee Progress Energy (formerly, Carolina Power & Light Company); Kodwo Ghartey-Tagoe for appellee Duke Power Company; and Robert B. Schwentker and Thomas K. Austin, Raleigh, for intervenor-appellee North Carolina Electric Membership Corporation.
Poyner & Spruill LLP, by Michael S. Colo, Thomas R. West, and Pamela A. Scott, Raleigh, for intervenor-appellees North Carolina Municipal Power Agency Number 1 and North Carolina Eastern Municipal Power Agency, Inc.
Steptoe & Johnson LLP, by Steven J. Ross, Washington, DC, on behalf of Edison Electric Institute, amicus curiae.
Supreme Court of North Carolina.
EDMUNDS, Justice.
In this matter, we consider the extent to which federal law has preempted the authority of the North Carolina Utilities Commission over proposed contracts involving sales of electricity by North Carolina utilities to wholesale customers in interstate commerce. Because we hold that the power to review such proposed contracts is consistent with the duties imposed upon the Utilities Commission by our General...
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