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STATE EX REL. UTILITIES COM'N v. VIRGINIA E. & POWER CO.

No. 76.

206 S.E.2d 283 (1974)

285 N.C. 398

STATE of North Carolina ex rel. UTILITIES COMMISSION et al., Appellees, v. VIRGINIA ELECTRIC AND POWER COMPANY, and the Municipalities of Roanoke Rapids, et al., Appellants.

Supreme Court of North Carolina.

July 1, 1974.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., I. Beverly Lake, Jr., Deputy Atty. Gen., Robert P. Gruber and Jerry J. Rutledge, Associate Attys. Gen., Raleigh, for the Using and Consuming Public.

Edward B. Hipp, Commission Atty., Maurice W. Horne, Asst. Commission Atty., and Jerry B. Fruitt, Associate Commission Atty., Raleigh, for N. C. Utilities Commission.

Joyner & Howison by R. C. Howison, Jr., Raleigh, Hunton, Williams, Gay & Gibson, Evans B. Brasfield, Guy T. Tripp, III, and Allen C. Barringer, Richmond, Va., for Va. Elec. and Power Co.

Crisp, Bolch & Smith by Thomas J. Bolch, Raleigh, for the Municipalities.

LAKE, Justice.

APPEAL OF THE MUNICIPALITIES

The appellant municipalities contend: (1) By reason of their respective contracts with Vepco for service at specified rates, the Commission has no authority to enter an order approving increases in those rates until the expiration of such contracts; (2) if this be not so, G.S. § 62-135 does not authorize Vepco to increase such rates prior to the entry of an order by the Commission approving the increase. We...

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