State ex rel. Utilities Commission v. Nantahala Power & Light Co.

WEBB, Judge.

Nantahala and Tapoco first attack the methodology used by the Utilities Commission in establishing the charge to Nantahala’s retail customers. They argue that the Commission is required by law to recognize the NFA and the 1971 Apportionment Agreement in setting rates for Nantahala’s retail customers. They say this is so because both of these agreements have been filed with and approved by the Federal Energy Regulatory Commission (FERC) and the Utilities Commission is preempted by federal law from ignoring them. The Utilities Commission in setting retail rates has to give effect to…