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STATE EX REL. UTILITIES COMMISSION v. PUBLIC SERVICE CO. OF NORTH CAROLINA, INC.

No. 8110UC545.

289 S.E.2d 82 (1982)

STATE of North Carolina ex rel. UTILITIES COMMISSION, The Public Staff v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC., and Piedmont Natural Gas Company, Inc.

Court of Appeals of North Carolina.

March 16, 1982.

Attorney(s) appearing for the Case

Public Staff of the N. C. Utilities Commission by Chief Counsel Robert F. Page and G. Clark Crampton, Raleigh, for intervenor-appellee.

Boyce, Morgan, Mitchell, Burns & Smith by F. Kent Burns, Raleigh, for defendant-appellant Public Service Co. of N. C., Inc.

Brooks, Pierce, McLendon, Humphrey & Leonard by Jerry W. Amos, Greensboro, for defendant-appellee Piedmont Natural Gas Co., Inc.

ARNOLD, Judge.

Respondents bring forth a number of assignments of error and challenge the sufficiency of the evidence to fulfill any one of the three statutory requirements set forth in G.S. 62-136(c). The statute provides that the Commission may require supplier refunds to be passed through to gas customers where three prerequisites are met. These are: (1) that the refund be practicable, (2) that the charges have been included...

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