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STATE EX REL. UTILITIES COMMISSION v. MORGAN

No. 7210UC650.

192 S.E.2d 842 (1972)

16 N.C. App. 445

STATE of North Carolina ex rel. UTILITIES COMMISSION and Carolina Power & Light Company v. Robert MORGAN, Attorney General.

Court of Appeals of North Carolina.

November 22, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Deputy Atty. Gen. Jean A. Benoy, for the Using and Consuming Public, appellant.

Joyner & Howison by Robert C. Howison, Jr.; and Sherwood H. Smith, Jr., and Thomas E. Capps, Raleigh, for Carolina Power & Light Co., appellee.

Commission Attorney Edward B. Hipp and Assistant Commission Attorneys Maurice W. Horne and William E. Anderson, Raleigh, for North Carolina Utilities Comm.

PARKER, Judge.

By this appeal appellant in no way challenges validity of the final order entered 17 February 1972 in which the Commission found a rate increase of 14.38% to be just and reasonable. His sole challenge is to the interim order entered 30 June 1971 allowing the initially requested rate increase of 5.63% to go into effect pending final determination of the case, on condition that any amounts ultimately determined excessive must be refunded. Appellant contends...

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