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STATE EX REL. UTILITIES COM'N v. EDMISTEN

No. 60.

242 S.E.2d 862 (1978)

STATE of North Carolina ex rel. UTILITIES COMMISSION and Piedmont Natural Gas Company, Inc. v. Rufus L. EDMISTEN, Attorney General. STATE of North Carolina ex rel. UTILITIES COMMISSION and Public Service Company of North Carolina, Inc. v. Rufus L. EDMISTEN, Attorney General. STATE of North Carolina ex rel. UTILITIES COMMISSION and North Carolina Natural Gas Corporation v. Rufus L. EDMISTEN, Attorney General.

Supreme Court of North Carolina.

April 17, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Robert P. Gruber and Asst. Atty. Gen. Jesse C. Brake, Raleigh, for intervenor-appellant.

Commission Atty. Edward B. Hipp and Associate Commission Atty. Antoinette R. Wike, Raleigh, for appellee, North Carolina Utilities Commission.

Brooks, Pierce, McLendon, Humphrey & Leonard by Jerry W. Amos and James T. Williams, Jr., Greensboro, for Piedmont Natural Gas Company, Inc., appellee.

Boyce, Mitchell, Burns & Smith by F. Kent Burns and James M. Day, Raleigh, for Public Service Company of North Carolina, Inc., appellee.

McCoy, Weaver, Wiggins, Cleveland & Raper by Donald W. McCoy, Fayetteville, for North Carolina Natural Gas Corporation, appellee.

COPELAND, Justice.

The appellees initially contend that, because no appeal was taken from the Commission order establishing Rule R1-17(h), the Attorney General is bound by the principles of res judicata and may not now challenge the validity of that rule. For reasons which follow, we have determined that this contention is not well taken; thus, we have considered the Attorney General's arguments concerning the authority of the Commission to permit utilities to recover...

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