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ROANOKE GAS CO. v. STATE CORP. COM'N

Record No. 820485.

300 S.E.2d 785 (1983)

ROANOKE GAS COMPANY v. STATE CORPORATION COMMISSION.

Supreme Court of Virginia.

March 11, 1983.

Attorney(s) appearing for the Case

Wilbur L. Hazlegrove, Roanoke (Hazlegrove, Dickinson, Rea, Smeltzer & Brown, Roanoke, on briefs), for appellant.

Anthony Gambardella, Jr., Asst. Atty. Gen., Russell W. Cunningham, Richmond (Gerald L. Baliles, Atty. Gen.; Lewis S. Minter, Richmond, on briefs), for appellee.

Stephen H. Watts, II, Richmond (John S. Battle, Jr., W. Carter Younger, Richmond, Thomas E. Morgan, Jr., Allan E. Roth, Columbus, Ohio, McGuire, Woods & Battle, Richmond, on briefs), for amicus curiae Columbia Gas of Virginia, Inc., et al.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON and RUSSELL, JJ.

STEPHENSON, Justice.

This is an appeal of right from a final order of the State Corporation Commission denying Roanoke Gas Company's application for an increase in rates. The application was filed pursuant to the Commission's recently established Financial Operating Review (FOR) program. The questions presented in this appeal are: (1) whether the FOR procedure used by the Commission was lawful, and (2) whether the Commission erred in considering certain interest income...

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