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STATE EX REL. UTILITIES COM'N v. EDMISTEN

No. 7610UC209.

227 S.E.2d 593 (1976)

30 N.C. App. 459

STATE of North Carolina ex rel. UTILITIES COMMISSION and Duke Power Company, Applicant, v. Rufus L. EDMISTEN, Attorney General.

Court of Appeals of North Carolina.

August 18, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Robert P. Gruber, Raleigh, for appellant.

Com'n Atty. Edward B. Hipp and Asst. Com'n Atty. John R. Molm, Raleigh, for N. C. Utilities Com'n, appellee.

Steve C. Griffith, Jr., George W. Ferguson, Jr., and Kennedy, Covington, Lobdell & Hickmen by Clarence W. Walker and John M. Murchison, Jr., Charlotte, for Duke Power Co., appellee.

BRITT, Judge.

The Attorney General challenges that part of the Commission order allowing Duke to impose a temporary surcharge and states his contentions thusly:

"I. The Commission order approving a temporary surcharge allowing Duke to recover so-called unbilled revenues of $18,503,555 for fuel costs incurred in July and August, 1975 was illegal in that it fixed rates retroactively so as to make them collectible for past service.

"II. The Utilities...

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