STATE v. N.C. WASTE AWARENESS AND REDUCTION

No. COA16-811.

805 S.E.2d 712 (2017)

STATE of North Carolina EX REL. UTILITIES COMMISSION; Public Staff-North Carolina Utilities Commission; Duke Energy Carolinas, LLC; Duke Energy Progress, LLC; Virginia Electric and Power Company, d/b/a Dominion North Carolina Power, Defendants, v. NORTH CAROLINA WASTE AWARENESS AND REDUCTION NETWORK, Plaintiff.

Court of Appeals of North Carolina.

Filed: September 19, 2017.


Attorney(s) appearing for the Case

Staff Attorney Robert B. Josey, Jr. and Staff Attorney David T. Drooz , for Defendant-Appellee Public Staff-North Carolina Utilities Commission.

Allen Law Offices, PLLC, Raleigh, by Dwight W. Allen and Lawrence B. Somers , for Defendants-Appellees Duke Energy Progress, LLC, and Duke Energy Carolinas, LLC.

McGuireWoods, LLP, Raleigh, by Brett Breitschwerdt and Andrea R. Kells , for Defendant-Appellee Virginia Electric & Power Company, d/b/a Dominion North Carolina Power.

The Law Offices of F. Bryan Brice, Jr., Raleigh, by Matthew D. Quinn and John D. Runkle , for Plaintiff-Appellant North Carolina Waste Awareness and Reduction Network.

Burns, Day & Presnell, P.A., Raleigh, by Daniel C. Higgins , for amicus curiae North Carolina Eastern Municipal Power Agency, North Carolina Municipal Power Agency Number 1 and Electricities of North Carolina, Inc.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by Joseph W. Eason , for amicus curiae North Carolina Electric Membership Corporation.

Southern Environmental Law Center, Chapel Hill, by David Neal and Lauren Bowen , for amicus curiae North Carolina Interfaith Power and Light, North Carolina Council of Churches, Greenfaith, The Christian Coalition of America, Young Evangelicals for Climate Action, and Creation Care Alliance of Western North Carolina.


Plaintiff North Carolina Waste Awareness and Reduction Network ("NC WARN") appeals from an order of the North Carolina Utilities Commission (the "Commission") concluding that NC WARN was operating as a "public utility," subject to the Commission's jurisdiction, when it entered into an agreement with a Greensboro church (the "Church...

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