NORTH CAROLINA UTILITIES COM'N v. F.E.R.C.

No. 12-1881.

741 F.3d 439 (2014)

NORTH CAROLINA UTILITIES COMMISSION, Petitioner, Old Dominion Electric Cooperative; North Carolina Electric Membership Corporation, Intervenors, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Virginia Electric and Power Company, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided: January 24, 2014.


Attorney(s) appearing for the Case

ARGUED: Kimberly Weaver Duffley , North Carolina Utilities Commission, Raleigh, North Carolina, for Petitioner. Lona Triplett Perry , Federal Energy Regulatory Commission, Washington, D.C., for Respondent. ON BRIEF: Louis S. Watson, Jr. , General Counsel, North Carolina Utilities Commission, Raleigh, North Carolina, for Petitioner. David L. Morenoff , Acting General Counsel, Robert H. Solomon , Solicitor, Federal Energy Regulatory Commission, Washington, D.C., for Respondent. Michael C. Regulinski , Dominion Resources Services, Inc., Richmond, Virginia; J. Tracy Walker, IV , David Martin Connelly , McGuirewoods LLP, Richmond, Virginia, for Intervenor Virginia Electric and Power Company.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge WYNN and Judge THACKER joined.


DUNCAN, Circuit Judge:

The North Carolina Utilities Commission ("NCUC") challenges incentives granted by the Federal Energy Regulatory Commission ("FERC") to Virginia Electric Power Company d/b/a Dominion Virginia Power ("VEPCO") to encourage investment in transmission infrastructure projects. NCUC argues that FERC violated § 219 of the Federal Power Act ("FPA") and abused its discretion by granting these incentives...

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