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APPALACHIAN VOICES v. STATE CORP. COM'N

Record No. 081433.

675 S.E.2d 458 (2009)

APPALACHIAN VOICES, et al. v. STATE CORPORATION COMMISSION, et al.

Supreme Court of Virginia.

April 17, 2009.

Attorney(s) appearing for the Case

Caleb Jaffe (Southern Environmental Law Center, on briefs), for appellants.

John F. Dudley, Counsel to the Commission (William H. Chambliss, General Counsel; Glenn P. Richardson, Senior Counsel, on brief), for appellee State Corporation Commission.

E. Duncan Getchell, Jr. (Edward L. Flippen; Joseph K. Reid III; Erin M. Sine; James C. Roberts; Donald G. Owens; Thomas C. Walker, Jr.; Pamela J. Walker; Karen L. Bell; McGuireWoods; Troutman Sanders, on brief), Richmond, for appellee Virginia Electric and Power Company.

Present: HASSELL, C.J., KOONTZ, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO and LACY, S.JJ.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether certain provisions of Code § 56-585.1(A)(6) violate the Commerce Clause of the United States Constitution. For the reasons stated below, we will affirm the order of the State Corporation Commission holding that there is no such violation.

I. Facts and Proceedings Below

On July 13, 2007, Virginia Electric and Power Company ("Dominion") applied to the State Corporation Commission...

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