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STATE EX REL. UTIL. COM'N v. CAROLINA FOREST UTIL., INC.

No. 7410UC135.

203 S.E.2d 410 (1974)

21 N.C. App. 146

STATE of North Carolina ex rel. UTILITIES COMMISSION v. CAROLINA FOREST UTILITIES, INC., Applicant.

Court of Appeals of North Carolina.

March 20, 1974.

Attorney(s) appearing for the Case

Edward B. Hipp, Wilson B. Partin, Jr., and Jerry S. Fruit, Raleigh, for the North Carolina Utilities Commission.

Bailey, Dixon, Wooten, McDonald & Fountain by J. Ruffin Bailey and Ralph McDonald, Raleigh, for defendant appellant.

CAMPBELL, Judge.

In its final order the Utilities Commission relied heavily on Forest Hills Util. Co. v. Pub. Util. Comm. of Ohio, 31 Ohio St.2d 46, 285 N.E.2d 702 (1972), which held that the Ohio Utilities Commission had no statutory authority to impose "availability charges" and which was conceded to be the only available appellate decision on availability charges. However,...

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