VIRGINIA ELEC. AND POWER v. STATE CORP.

Record No. 171151.

810 S.E.2d 880 (2018)

VIRGINIA ELECTRIC AND POWER COMPANY v. STATE CORPORATION COMMISSION, et al.

Supreme Court of Virginia.

March 29, 2018.


Attorney(s) appearing for the Case

Harry M. Johnson, III ( Timothy E. Biller ; Lisa S. Booth ; William H. Baxter, II ; Hunton & Williams, on briefs), Richmond, for appellant.

John F. Dudley , Counsel to the Commission ( Ashley B. Macko , Senior Counsel, on brief), for appellee State Corporation Commission.

Michael J. Quinan ( Cliona Mary Robb ; Christian & Barton, on brief), Richmond, for appellee Direct Energy Services, LLC.

William C. Cleveland (Southern Environmental Law Center, on brief), for appellee Appalachian Voices.

PRESENT: Lemons, C.J., Mims, McClanahan, Powell, Kelsey, and McCullough, JJ., and Millette, S.J.


In this appeal, we consider whether certain large customers can purchase electricity from any licensed supplier of energy in the Commonwealth under Code § 56-577(A)(5), without being subject to the notice requirement set forth in Code § 56-577(A)(3).

I. Facts and Proceedings

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