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NORTH CAROLINA v. F.E.R.C.

No. 17-1243.

913 F.3d 148 (2019)

State of NORTH CAROLINA, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Cube Yadkin Generation, LLC, Intervenor

United States Court of Appeals, District of Columbia Circuit.

Decided January 18, 2019.

Attorney(s) appearing for the Case

James W. Doggett , Deputy Solicitor General, Office of the Attorney General for the State of North Carolina, argued the cause for petitioner. With him on the briefs were Joshua H. Stein , Attorney General, and Matthew W. Sawchak , Solicitor General.

Robert M. Kennedy Jr. , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief was Robert H. Solomon , Solicitor. Holly E. Cafer , Attorney, entered an appearance.

Michael F. McBride argued the cause for intervenor. On the brief were Julia S. Wood , Sharon L. White , and Eli W.L. Hopson .

Before: Wilkins and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge.

North Carolina petitions for review of Federal Energy Regulatory Commission ("FERC") orders involving the relicensing of the Yadkin Hydroelectric Project No. 2197 ("Yadkin Project"). Petitioner alleges that the license applicant, Alcoa Power Generating, Inc. ("Alcoa"), misrepresented its plans to discontinue the use...

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