Appalachian Voices v. State Corp. Comm'nAnnotate this Case
The Supreme Court affirmed the order of the State Corporation Commission (SCC) that approved a petition filed by the Virginia Electric and Power Company (VEPCO) to obtain a rate-adjustment clause pursuant to Va. Code 56-585.1(A)(5)(e), holding that, contrary to the arguments brought by Applalachian Voices on appeal, the SCC applied the proper legal standard governing such requests.
VEPCO made its request to recover projected costs of purchasing allowances through the Regional Greenhouse Gas Initiative (RGGI), a cap-and-trade market regulating carbon dioxide emissions by electric utilities. On appeal, Appalachian Voices, a nonprofit environmental organization, argued that the SCC failed to apply the law when it approved VEPCO's petition. The Supreme Court affirmed, holding that the SCC did not misunderstand or fail o apply the legal standard governing petitions filed pursuant to Va. Code 56-585.1(A)(5)(e).