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VIRGINIA ELECTRIC AND POWER v. STATE CORP.

Record No. 201172.

861 S.E.2d 47 (2021)

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

Supreme Court of Virginia.

July 15, 2021.

Attorney(s) appearing for the Case

Brooks M. Smith , Richmond, ( Andrew J. Flavin ; Paul E. Pfeffer ; David J. DePippo ; Troutman Pepper Hamilton Sanders; Virginia Electric and Power Company, on briefs), for appellant.

Alisson P. Klaiber ( John F. Dudley ; State Corporation Commission, on brief), for appellee State Corporation Commission.

Brian R. Greene , Richmond ( Laura K. Musick , Richmond; Creighton-Elizabeth R. Boggs ; GreeneHurlocker, on brief), for appellee Constellation NewEnergy, Inc.

PRESENT: Lemons, C.J., Mims, Powell, Kelsey, McCullough, and Chafin, JJ., and Russell, S.J.

Virginia Electric and Power Company ("VEPCO") appeals from a declaratory judgment of the State Corporation Commission ("SCC" or "Commission") in which the Commission found that a pumped storage hydroelectric facility (or "pumped storage") generates "renewable energy" under the former definition in Code §...

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