Page:Alabama v. North Carolina, 560 U.S. (2010) slip opinion.pdf/9

Rh

obtaining a license.

In June 1999, after attempts to resolve the funding impasse had failed, Florida and Tennessee filed with the Commission a complaint for sanctions against North Carolina. It alleged that North Carolina had failed to fulfill its obligations under the Compact, and requested (among other things) return of the almost $80 million paid to North Carolina by the Commission, plus interest, as well as damages and attorney’s fees. The next month, North Carolina withdrew from the Compact by enacting a law repealing its status as a party State, see 1999 N. C. Sess. Laws ch. 357, as required by Article 7(G) of the Compact.

More than four months later, in December 1999, the Commission held a sanctions hearing. North Carolina did not participate. After the hearing, the Commission con­cluded that North Carolina had failed to fulfill its obliga­tions under the Compact. It adopted a resolution demand­ing that North Carolina repay approximately $80 million, plus interest, to the Commission; pay an additional $10 million penalty to compensate the Commission for the loss of future revenue (surcharges and access fees) it would have received had a facility been completed in North Carolina; and pay the Commission’s attorney’s fees. North Carolina did not comply.

In July 2000, seeking to enforce its sanctions resolution, the Commission moved for leave to file a bill of complaint under our original jurisdiction. Southeast Interstate Low-Level Radioactive Waste Management Commission v. North Carolina, No. 131, Orig. North Carolina opposed the motion on the grounds that the Commission could not invoke this Court’s original jurisdiction, and we invited the Solicitor General to express the views of the United States. 531 U. S. 942 (2000). The Solicitor General filed a brief urging denial of the Commission’s motion on the grounds that the Commission’s bill of complaint did not