STATE EX REL. UTILITIES COM'N v. HIGH ROCK LAKE ASSOCIATION, INC.

No. 7710UC836.

245 S.E.2d 787 (1978)

37 N.C. App. 138

STATE of North Carolina ex rel. UTILITIES COMMISSION; Duke Power Company, Applicant; Rufus L. Edmisten, Attorney General, David Springer, Consumers' Center of North Carolina Inc., and Yadkin River Committee, Intervenors, Appellees, v. HIGH ROCK LAKE ASSOCIATION, INC., Intervenor, Appellant.

Court of Appeals of North Carolina.

July 11, 1978.


Attorney(s) appearing for the Case

Special Deputy Atty. Gen., Jesse C. Brake and Asst. Atty. Gen., Dan C. Oakley, Raleigh, for Atty. Gen., Edmisten.

William G. Pfefferkorn, Winston-Salem, for intervenor-appellant.

Steve C. Griffith, Jr., William L. Porter and John E. Lansche; Kennedy, Covington, Lobdell & Hickman by John M. Murchison, Jr., Charlotte, attorneys for applicant-appellee.


VAUGHN, Judge.

Duke made its application for a certificate of public convenience and necessity under G.S. 62-110.1. This regulatory statute was enacted in 1965 to help curb overexpansion of generating facilities beyond the needs of the service area. To this end, the General Assembly used the term "public convenience and necessity" to define the standard to be applied by the Utilities Commission to proposed facilities. In reviewing the Commission's application of the...

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