STATE EX REL. N. C. U. C. v. TRANSYLVANIA UTIL. CO.

No. 7610UC93.

226 S.E.2d 824 (1976)

30 N.C. App. 336

STATE of North Carolina ex rel. NORTH CAROLINA UTILITIES COMMISSION v. TRANSYLVANIA UTILITY COMPANY.

Court of Appeals of North Carolina.

August 4, 1976.


Attorney(s) appearing for the Case

Weaver, Noland & Anderson by William Anderson, Raleigh, for applicant-appellant.

Commission Atty. Edward B. Hipp and Asst. Commission Attys., John R. Molm and Wilson B. Partin, Jr., Raleigh, for respondent-appellees, North Carolina Utilities Commission.


VAUGHN, Judge.

The thrust of appellant's argument is that the Commission did not follow the statutory rate making formula. The specific attack on the order is the reduction of the "availability" charge.

The concept of "availability" charges of water and sewer companies is of relatively recent origin. It appears to have arisen in instances where tracts of land were developed for recreational homes. Most all of the...

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