New Cingular Wireless PCS LLC d/b/a AT&T Mobility v. Finley In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.
dPi Teleconnect, L.L.C. v. Finley Under the Telecommunications Act of 1996, the N.C. Utilities Commission requires AT&T North Carolina to sell interconnections to competitive local exchange carriers (CLECs) – like plaintiff – for 21 percent less than AT&T North Carolina’s retail rate. When AT&T North Carolina offers its retail customers a promotional rate for more than 90 days, it is required to sell interconnections to CLECs at the promotional rate, less 21 percent.
CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit.
State ex rel. Utilities Commission v. Environmental Defense Fund G.S. § 62-133.8(a) defines “renewable energy resource” to include “a biomass resource, including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane.” This definition includes primary harvest trees.
We affirm the Utilities Commission’s approval of Duke Energy Carolinas, LLC’s application to register two of its thermal electric generating stations - where a blend of wood chips and coal were used as fuel — as renewable energy facilities.
Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis G.S. § 62-350 requires a town that owns utility poles to negotiate in good faith with utility providers who wish to attach their cables to the town’s utility poles; in this case, plaintiff has made no showing that the town failed to do so.
The town is entitled to partial summary judgment on plaintiff’s claim that the town refused to negotiate. The town’s motion for partial summary judgment is denied as to plaintiff’s claim that the town violated the nondiscrimination requirements of G.S. § 62-350.
In re Duke Energy Carolinas, LLC's Advance Notice of Purchase Power Agreement. Duke Energy proposed selling energy to the S.C. town of Orangeburg, and the N.C. Utilities Commission ruled on the proposal. Duke and Orangeburg appealed, but then Orangeburg voluntarily withdrew from the proposed energy contract. This appeal is moot, and we decline to address the commission's ruling under either the public interest or the "capable of repetition, yet evading review" doctrines. Appeal dismissed.
Cape Fear Public Utility Authority v. Costa. (Lawyers Weekly No. 10-07-0659, 17 pp.) (Donna S. Stroud, J.) (Cheri Beasley, J., dissenting) Appealed from New Hanover County Superior Court. (Paul G. Gessner, J.) N.C. App. Holding: Expert testimony from an attorney and a surveyor was inadmissible in a dispute over the existence of a sewer easement [...]
Andresen v. Progress Energy, Inc. (Lawyers Weekly No. 10-16-0481, 9 pp.) (Barbara Jackson, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Unpub. Holding: Even though defendant has a duty to periodically inspect its accessible power lines, plaintiffs failed to show that defendant has a duty to periodically dig up and [...]
State ex rel. Utilities Commission v. Town of Kill Devil Hills. (Lawyers Weekly No. 09-06-1128, 2 pp.) (Per Curiam) From the Court of Appeals. N.C. S. Ct. Holding: Where our Court of Appeals held, Even though G.S. Sect. 62-106 – enacted in 1991 – explicitly says the Utilities Commission has the power to preempt local [...]
State ex rel. Utilities Commission v. Town of Kill Devil Hills. (Lawyers Weekly No. 09-07-0002, 27 pp.) (Robert Hunter, J.) (Barbara Jackson, J., dissenting) Appealed from the Utilities Commission. N.C. App. Holding: Even though G.S. 62-106 – enacted in 1991 – explicitly says the Utilities Commission has the power to preempt local ordinances to allow [...]
