Northern Virginia Electric Cooperative, Inc. v. FERC, No. 17-1262 (D.C. Cir. 2019)Annotate this Case
Virginia power wholesalers who buy electricity from Dominion challenged the Commission's conclusion that Dominion's Virginia customers, but not its North Carolina customers, should bear the costs of undergrounding new transmission wires.
The DC Circuit denied the petitions for review and rejected petitioners' claim that the Commission did not properly invoke its power under section 206 of the Federal Power Act; held that petitioners were provided adequate notice of the Commission's intent to modify Dominion's filed rate; and held that the ALJ did not misinterpret a Commission order and thereby improperly cabined the scope of an evidentiary hearing. Finally, the court rejected petitioners' claim that the Commission acted arbitrarily by requiring Dominion's Virginia customers to bear the costs of undergrounding.