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DUKE ENERGY PROGRESS, LLC v. FERC

No. 20-1495 Consolidated with 21-1008.

23 F.4th 1008 (2022)

DUKE ENERGY PROGRESS, LLC, Petitioner v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, North Carolina Eastern Municipal Power Agency, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided January 21, 2022.

Attorney(s) appearing for the Case

Misha Tseytlin argued the cause for petitioner. On the briefs were William R. Derasmo , Christopher R. Jones , and Miles H. Kiger .

Scott Ray Ediger , Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With him on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor. Susanna Y. Chu , Attorney, entered an appearance.

Gary J. Newell was on the brief for intervenor North Carolina Eastern Municipal Power Agency in support of respondent.

Before: Henderson, Tatel, and Pillard, Circuit Judges.

Electricity producer Duke Energy Progress argues that its power purchase agreement with customer North Carolina Eastern Municipal Power Agency ("Power Agency") prohibits the latter from deploying battery storage technology designed to reduce metered demand during peak load periods. The Federal Energy Regulatory Commission disagreed...

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