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UNITED STATES v. VIRGINIA ELEC. & POWER CO.

No. 76-0006-CIV-2.

412 F.Supp. 165 (1976)

UNITED STATES of America, Plaintiff, v. VIRGINIA ELECTRIC AND POWER COMPANY and the North Carolina Utilities Commission, Defendants.

United States District Court, E. D. North Carolina, Elizabeth City Division.

April 26, 1976.

Attorney(s) appearing for the Case

Thomas P. McNamara, U. S. Atty. by Bruce H. Johnson, Asst. U. S. Atty., Civ. Section, Raleigh, N. C., for plaintiff.

Edward B. Hipp, Commission Atty., Raleigh, N. C., for N. C. Utilities Commission.

R. C. Howison, Jr., Joyner & Howison, Raleigh, N. C., Allen C. Barringer, Hunton & Williams, Richmond Va., for VEPCO.

MEMORANDUM OPINION

and

ORDER

LARKINS, Chief Judge:

INTRODUCTION

On July 1, 1965, the Virginia Electric and Power Company (hereinafter "Vepco") entered into a contract with the United States Coast Guard to deliver electrical power to the Coast Guard Air Base at Elizabeth City, North Carolina. In return for service, the Coast Guard agreed to pay a price to be determined by the rate schedule currently on file with the North Carolina...

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