Orangeburg, South Carolina v. Federal Energy Regulatory Commission
Court of Appeals for the D.C. Circuit
1Opinion of the Court
WILKINS, Circuit Judge:
Orangeburg, South Carolina, a city of approximately 14,000 residents, has been trying to cut a better deal for wholesale power. The South Carolina city located a willing supplier in neighboring North Carolina but, according to Orangeburg, the deal was scuttled by the North Carolina Utilities Commission (“NCUC”), the state agency overseeing retail power sales in North Carolina. The Federal Power Act leaves regulatory authority over retail power sales to state agencies like NCUC, while reserving authority over interstate wholesale power sales to the Federal Energy…
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