STATE of North Carolina ex rel. UTILITIES COMMISSION et al.
v.
HEATER UTILITIES, INC., Applicant.
Court of Appeals of North Carolina.https://leagle.com/images/logo.png
July 2, 1975.
July 2, 1975.
Attorney(s) appearing for the Case
North Carolina Utilities Commission by Commission Atty. Edward B. Hipp, Asst. Commission Atty. Robert F. Page, Raleigh, and Associate Commission Atty. Lee West Movius.
Weaver, Noland & Anderson by William Anderson, Raleigh, for intervenor appellees Medfield-Kingsbrook Homeowners' Association and Hidden Valley Civic Action Group Water Committee.
Parker, Sink & Powers by Henry H. Sink, Raleigh, for applicant appellant.
Court of Appeals of North Carolina.
ARNOLD, Judge.
By this appeal, applicant Heater Utilities, Inc., presents two related questions for review:
(1) Whether the Utilities Commission is required, under G.S. § 62-133(b)(1) and the state and federal constitutions, to include contributed plant in applicant's fair value rate base; and(2) Whether the applicant is entitled, under G.S. § 62-133(b)(3) to have depreciation expense on contributed plant treated as an operating expense...
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