Fourth Circuit rules in favor Orangeburg Challenge to Duke-Progress JDA

Orangeburg, South Carolina v. FERC, No. 15-1274 (D.C. Cir. 2017) :: Justia:



The Fourth Circuit held that the City of Orangeburg, SC, has standing to challenge FERC's approval of the Joint Dispatch Agreement between Duke Energy Carolinas and Progress Energy on the grounds that it unlawfully established a disparate treatment of native (North Carolina) wholesale customers and non-native wholesale load customers (such as Orangeburg).  The Fourth Circuit also held that FERC's ruling on this issue was inadequate, and therefore remanded for further explanation.



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