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STATE EX REL. UTILS. COM'N v. CUBE YADKIN GENERATION LLC

No. COA20-46.

865 S.E.2d 323 (2021)

2021-NCCOA-455

STATE of North Carolina EX REL. UTILITIES COMMISSION, Duke Energy Carolinas LLC, and Duke Energy Progress, LLC, Appellees, v. CUBE YADKIN GENERATION LLC, Appellant.

Court of Appeals of North Carolina.

Filed September 7, 2021.

Attorney(s) appearing for the Case

The Allen Law Offices, Raleigh, by Dwight W. Allen , Britton H. Allen , and Brady W. Allen , and Lawrence B. Somers , Deputy General Counsel of Duke Energy Corporation, for the Appellees.

Brooks, Pierce, McLendon, Humphrey and Leonard, LLP, by Jim W. Phillips , Greensboro, Marcus W. Trathen , Raleigh, and Gisele Rankin , for the Appellant.

Burns, Day & Presnell, P.A., Raleigh, by Daniel C. Higgins , for amici 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 , and Michael D. Youth , for amicus curiae North Carolina Electric Membership Corporation.

McGuireWoods LLP, Raleigh, by Brett Breitschwerdt and Tracy S. DeMarco , for amicus curiae Virginia Electric and Power Company, d/b/a Dominion Energy North Carolina.

¶ 1 Appellant Cube Yadkin Generation, LLC ("Cube"), appeals from an order of the North Carolina Utilities Commission (the "Commission") declaring that Cube's proposed business plan would cause it to be a public utility subject to regulation. Cube contends the Commission erred because its proposed plan falls within the landlord...

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