“Since the operation of the Badin smelting works is dependent upon the availability
of power supply, Carolina Aluminum must regard its smelting activities at Badin to be
limited to the term of the license of the Yadkin Project, which is its source of power
supply. In formulating its plans, and weighing the advisability of the $37,000,000
program, the management of Carolina Aluminum had to assume, therefore, that
power would be available from the Yadkin Project at economically feasible rates only
during the original license term.
Under Section 14 of the Act, any project may be “recaptured” at the expiration of
the license term. In formulating its plans, therefore, the management of Carolina
Aluminum could not rely upon any assured source of power supply after the
expiration of its license for the Yadkin Project”