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STATE v. NANTAHALA POWER AND LIGHT CO.

No. 8210UC1289.

311 S.E.2d 619 (1984)

STATE of North Carolina, ex rel. UTILITIES COMMISSION; Rufus L. Edmisten, Attorney General; Public Staff; Henry J. Truett; Swain County Board of County Commissioners Cherokee, Graham and Jackson Counties; Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva; and The Tribal Council of the Eastern Band of Cherokee Indians; Derol Crisp v. NANTAHALA POWER AND LIGHT COMPANY; Aluminum Company of America; and Tapoco, Inc.

Court of Appeals of North Carolina.

February 21, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Griffin, and Executive Director of The Public Staff Robert Fischback by Staff Atty. Thomas K. Austin, Raleigh, for the Using and Consuming Public.

Crisp, Davis, Schwentker and Page by William T. Crisp and Robert B. Schwentker, Raleigh, for Henry J. Truett; the Counties of Cherokee, Graham, Swain, Jackson; Towns of Andrews, Dillsboro, Robbinsville, Bryson City, Sylva; and the Tribal Council of the Eastern Band of the Cherokee Indians.

Joseph A. Pachnowski, Bryson City, for the County of Swain and the Town of Bryson City.

Western North Carolina Legal Services, Indian Law Unit by Larry Nestler, Sylva, for Derol Crisp.

LeBouef, Lamb, Leiby and MacRae by Ronald D. Jones and David R. Poe, Raleigh, for Aluminum Company of America and Tapoco, Inc.

Hunton & Williams by Robert C. Howison, Jr., James E. Tucker, and Edward S. Finley, Jr., Raleigh, for Nantahala Power and Light Company.

WEBB, Judge.

Appellants contend (1) the Utilities Commission is preempted by Federal Energy Regulatory Commission regulations from setting rates that ignore the NFA and the 1971 Apportionment Agreement; (2) the Commission has unconstitutionally burdened interstate commerce; (3) the Commission has intruded into the exclusive and preemptive jurisdiction of the FERC under the Federal Power Act; (4) the Commission did not base its findings that Nantahala

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