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STATE EX REL. UTIL. COM'N v. PUB. SERV. CO.

No. 811OUC1197.

297 S.E.2d 119 (1982)

STATE of North Carolina ex rel. UTILITIES COMMISSION; The Public Staff v. PUBLIC SERVICE COMPANY OF NORTH CAROLINA, INC.

Court of Appeals of North Carolina.

November 16, 1982.

Attorney(s) appearing for the Case

Robert Fishbach, Executive Director of The Public Staff, by Staff Attorneys Vickie L. Moir and Gisele L. Rankin, Raleigh, for plaintiff-appellee.

Boyce, Morgan, Mitchell, Burns & Smith by F. Kent Burns, Raleigh, for defendant-appellant.

WEBB, Judge.

The defendant first contends the Utilities Commission was without authority to reopen the January order without a hearing for a general rate case. It bases its argument on the following sections of Chapter 62 of the General Statutes:

§ 62-78. Proposed findings, briefs, exceptions, orders, expediting cases, and other procedure. * * * * * * (c) In all proceedings in which a panel of three commissioners, commissioner...

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