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STATE EX REL. UTILITIES COM'N v. MEBANE HOME

No. 7710UC349.

242 S.E.2d 165 (1978)

35 N.C. App. 588

STATE of North Carolina ex rel. UTILITIES COMMISSION and Rufus L. Edmisten, Attorney General v. MEBANE HOME TELEPHONE COMPANY.

Court of Appeals of North Carolina.

March 21, 1978.

Attorney(s) appearing for the Case

Boyce, Mitchell, Burns & Smith by F. Kent Burns and James M. Day, Raleigh, for Mebane Home Tel. Co., appellant.

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Robert P. Gruber, Raleigh, for the Using and Consuming Public, appellee.

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

HEDRICK, Judge.

Under Chapter 62 of the North Carolina General Statutes the Utilities Commission is vested with the authority to establish rates for public utilities "as shall be fair both to the public utility and to the consumer." G.S. 62-133(a). At any proceeding in consideration of a rate proposal by a public utility, "the burden of proof shall be upon the public utility to show that the changed rate is just and reasonable." G.S. 62-134(c). The decision of the...

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