MORGAN v. VIRGINIA ELECTRIC & POWER COMPANY

No. 7410UC509.

206 S.E.2d 338 (1974)

22 N.C. App. 300

Robert MORGAN, Attorney General v. VIRGINIA ELECTRIC AND POWER COMPANY and State of North Carolina, ex rel. Utilities Commission.

Court of Appeals of North Carolina.

July 3, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. I. Beverly Lake, Jr., and Associate Atty. Gen. Jerry J. Rutledge, Raleigh, for plaintiff appellant.

Robert C. Howison, Jr., Raleigh, and Hunton, Williams, Gay & Gibson by Evans B. Brasfield, Guy T. Tripp, III, and Allen C. Barringer, Richmond, Va., for defendant appellee Virginia Electric and Power Co.

Commission Atty. Edward B. Hipp, Asst. Commission Atty. Maurice W. Horne, and Associate Commission Atty. E. Gregory Stott, Raleigh, for defendant appellee North Carolina Utilities Commission.


BALEY, Judge.

Vepco and the Utilities Commission have filed motions to dismiss this appeal. They contend that the Commission's orders are interlocutory in nature and make no final decision which is subject to appeal.

The Commission's orders of February 8 and March 12 clearly indicate that Vepco was granted permission to implement its fuel clause only on an interim basis. A final determination as to whether this clause is appropriate will be made at the hearing...

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