North Carolina Electric Membership Corp. v. Duke Power Co.

JOHNSON, Judge.

Plaintiff instituted this action on 21 April 1988 by the filing of its complaint which alleged inter alia that defendant was in default under a contract known as the “interconnection agreement” which constitutes part of plaintiff’s purchase from defendant of an interest in the Catawba nuclear generating station. Defendant responded on 15 June by serving a notice of intention to arbitrate issues raised in plaintiff’s complaint. The notice also stated defendant’s intent to arbitrate the issue of the applicability of arbitration to the issues raised by plaintiff. On 24 June,…