Crescent Electric Membership Corp. v. Duke Power Co.

WYNN, Judge.

This case involves the right to provide electric service to the North Mecklenburg Water Treatment Plant being constructed by the Charlotte-Mecklenburg Utility Department (“CMUD”). Drawing water from Lake Norman, this water treatment facility will include a water treatment plant, a vacuum pump building, a water compressor intake building and an underground pipeline to carry the water from the intake building to the treatment plant. All of these structures are essential and operate together to produce potable water.

Under authority granted by The Territorial Assignment Act of 1965…