Legal Opinion
In re De Luca USMCR
Court of Appeals of North Carolina
Decided September 18, 2018No. COA17-1339Published
1Opinion of the Court
HUNTER, Jr., Robert N., Judge.
Col. Francis X. De Luca USMCR (Ret) appeals from an order entered by the North Carolina Utilities Commission concluding Fresh Air Energy II, LLC is not a "public utility" within the meaning of N.C. Gen. Stat. § 62-3(23) and subject to the Commission's jurisdiction, when it entered into an agreement to sell all of its solar-generated electricity to Duke Energy Carolinas, LLC, which will then sell electricity to its customers. We affirm.
I. Factual and Procedural Background
On 18 May 2017, Col. Francis X. De Luca USMCR (Ret) ("Plaintiff") filed a request for a…
2Cases cited7 opinions
- Lunsford v. MillsSupreme Court of North Carolina · 2014
- State Ex Rel. Utilities Commission v. Carolina Telephone & Telegraph Co.Supreme Court of North Carolina · 1966
- Taylor v. City of LenoirCourt of Appeals of North Carolina · 1998
- State ex rel. North Carolina Utilities Commission v. New Hope Road Water Co.Supreme Court of North Carolina · 1958
- State Ex Rel. Utilities Commission v. Environmental Defense FundCourt of Appeals of North Carolina · 2011
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