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STATE EX REL. UTILITIES COM'N v. DUKE POWER

No. 49.

287 S.E.2d 786 (1982)

STATE of North Carolina ex rel. UTILITIES COMMISSION; North Carolina Textile Manufacturers Association, Inc.; the City of Durham; Carolina Action; Kudzu Alliance; Great Lakes Carbon Corporation; and Rufus L. Edmisten, Attorney General v. DUKE POWER COMPANY.

Supreme Court of North Carolina.

January 27, 1982.

Attorney(s) appearing for the Case

Steve C. Griffith, Jr., Clarence W. Walker and Stephen K. Rhyne, Charlotte, for defendant-appellant Duke Power Co.

Paul L. Lassiter, Raleigh, for plaintiff-appellee North Carolina Utilities Commission Public Staff.

Byrd, Byrd, Ervin, Blanton & Whisnant, P. A. by Robert B. Byrd, Morganton, for plaintiff-appellee Great Lakes Carbon Corp.

Thomas R. Eller, Jr., Raleigh, for plaintiff-appellee, North Carolina Textile Mfrs. Assn, Inc.

M. Travis Payne, Raleigh, for plaintiff-appellee Kudzu Alliance.

W. I. Thornton, Jr., Durham, for plaintiff-appellee City of Durham.

MEYER, Justice.

On 29 February 1980 Duke filed an application with the Commission to adjust and increase its rates and charges for electric service to its retail customers in North Carolina by an average of approximately 9.61% or $91,572,000. In the application, Duke proposed to make the rate adjustments effective 30 March 1980. In an order dated 21 March 1980, the Commission determined, inter alia, that the application constituted a general rate case (G.S...

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