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STATE EX REL. UTILITIES COM'N v. EDMISTEN

No. 7810UC139.

252 S.E.2d 516 (1979)

40 N.C. App. 109

STATE of North Carolina, ex rel. UTILITIES COMMISSION, Nantahala Power & Light Company, Applicant, v. Rufus L. EDMISTEN, Attorney General, Henry J. Truett, County of Swain, North Carolina; Town of Bryson City, North Carolina, Intervenors.

Court of Appeals of North Carolina.

March 6, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Griffin, Raleigh.

Crisp, Bolch, Smith & Davis by William T. Crisp, Raleigh, and Spiegel & McDiarmid by Robert H. Bear, Washington, D. C., for Henry J. Truett.

McKeever, Edwards, Davis & Hays by Fred H. Moody, Jr., Bryson City, for County of Swain.

Joseph A. Pachnowski, Bryson City, for Town of Bryson City.

Joyner & Howison by R. C. Howison, Jr. and G. Clark Crampton, Raleigh, for Nantahala Power & Light Co.

HARRY C. MARTIN, Judge.

Intervenors argue that the Commission erred in refusing to make Tapoco a party to these proceedings. At the threshold, this requires us to determine whether, on the record before us, Tapoco is a public utility. Utilities Commission v. Water Co., 248 N.C. 27, 102 S.E.2d 377 (1958). A public utility is defined in Section 62...

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