STATE EX REL. UTILITIES COMMISSION v. MORGAN

No. 91.

179 S.E.2d 419 (1971)

278 N.C. 235

STATE of North Carolina ex rel. UTILITIES COMMISSION, Lee Telephone Company (Applicant), and Commission Staff (Intervenor), v. Robert MORGAN, Attorney General of North Carolina (Intervenor in behalf of the Using and Consuming Public of North Carolina), and Walkertown Telephone Exchange Committee (Protestant).

Supreme Court of North Carolina.

March 10, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Jean A. Benoy and Maurice W. Horne, Special Asst., Raleigh, for appellant.

Edward B. Hipp, Raleigh, for appellee North Carolina Utilities Commission.

Burns, Long & Wood, by Richard G. Long, Roxboro, Ross, Hardies, O'Keefe, Babcock, McDugald & Parsons, by Melvin A. Hardies and Donald W. Glaves, Chicago, Ill., and Duane T. Swanson, Lincoln Neb., for appellee Lee Telephone Company.


LAKE, Justice.

In our opinion heretofore filed in this matter, 277 N.C. 255, 177 S.E.2d 405, we held that it was error for the Commission to include in the rate base of a public utility the value of plant under construction at the end of the test period and that it was also error for the Commission to add to the company's operating revenue for the test period interest charged to construction during...

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