DC Circ. Upholds Duke Energy Plant Closure Deal

Law360, New York (December 23, 2009, 4:41 PM EST) -- The U.S. Court of Appeals for the District of Columbia Circuit has denied the petition of two North Carolina municipalities seeking review of a Federal Energy Regulatory Commission order approving the shutdown of a hydroelectric plant operated by Duke Energy Carolinas LLC.

A three-judge appellate panel ruled Tuesday that FERC had not acted arbitrarily in granting Duke's application to surrender its license to operate the Dillsboro, N.C., hydroelectric plant and to remove the project's dam and powerhouse.

The court also affirmed FERC's acknowledgment that the agency...
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