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STATE EX REL. UTIL. COM'N v. PUBLIC STAFF-NORTH CAROLINA UTILITIES COMMISSION

No. 8210UC858.

307 S.E.2d 803 (1983)

STATE of North Carolina, ex rel. UTILITIES COMMISSION AND CAROLINA POWER & LIGHT COMPANY (Applicant) U.S. Department of Defense; Federal Paper Board Company, Inc., Ideal Basic Industries; Monsanto N.C; Union Carbide Corp.; Weyerhaeuser Co., and North Carolina Textile Manufacturers Association v. The PUBLIC STAFF-NORTH CAROLINA UTILITIES COMMISSION; and Kudzu Alliance.

Court of Appeals of North Carolina.

October 18, 1983.

Attorney(s) appearing for the Case

Hunton & Williams by Robert C. Howison, Jr. and Edgar M. Roach, Jr., and Richard E. Jones and Robert W. Kaylor, Raleigh, for Carolina Power and Light Co., applicant, appellee.

Theodore C. Brown, Jr., Karen E. Long and Antoinette R. Wike, Raleigh, for the Public Staff-North Carolina Utilities Com'n, intervenor, appellant.

Edelstein & Payne by M. Travis Payne, Raleigh, for Kudzu Alliance, intervenor, appellant.

HEDRICK, Judge.

The appellants, Public Staff and Kudzu Alliance, contend that the Commission erred by acting arbitrarily, capriciously and outside its statutory authority in granting a rate increase without determining reasonable test year fuel expenses pursuant to N.C. Gen.Stat.Sec. 62-133(b)(3). N.C.Gen.Stat. Sec. 62-133(b)(3) directs the Commission to "[a]scertain such public utility's reasonable operating expenses, including actual investment currently consumed...

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