STATE EX REL. UTIL., COM'N v. DUKE P. CO.

No. 7410UC116.

203 S.E.2d 404 (1974)

21 N.C. App. 89

STATE of North Carolina ex rel. UTILITIES COMMISSION et al. v. DUKE POWER COMPANY.

Court of Appeals of North Carolina.

March 6, 1974.


Attorney(s) appearing for the Case

Edward B. Hipp, Commission Atty. and John R. Molm, Associate Commission Atty., Raleigh, for the North Carolina Utilities Commission.

Claude V. Jones, Durham City Atty., Durham, for the City of Durham.

Byrd, Byrd, Ervin & Blanton by Robert B. Byrd, Morganton, for Great Lakes Carbon Corp.

Atty. Gen. Robert Morgan by I. Beverly Lake, Jr., Asst. Atty. Gen. and Robert P. Gruber, Associate Atty., Raleigh, for the State.

William H. Grigg, Steve C. Griffith, Jr., Clarence W. Walker and John M. Murchison, Jr., Charlotte, for defendant appellant, Duke Power Co.


VAUGHN, Judge.

The Courts are not authorized to fix rates for a public utility. That responsibility lies with the Utilities Commission. The findings of the Commission, when supported by competent evidence, are conclusive. This court may not substitute its judgment for that of the Commission even when it is of the opinion that the rate of return authorized by the Commission is inadequate.

After a review of the record, we are of the opinion that the findings...

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