STATE EX REL. UTILITIES COMMISSION v. NORTH CAROLINA TEXTILE MANUFACTURERS ASSOCIATION, INC

No. 674A82.

306 S.E.2d 113 (1983)

STATE of North Carolina, ex rel. UTILITIES COMMISSION; and Carolina Power and Light Company (Applicant); Rufus L. Edmisten, Attorney General; Executive Agencies of the United States Government and Union Carbide Corporation v. NORTH CAROLINA TEXTILE MANUFACTURERS ASSOCIATION, INC.; The Public Staff—North Carolina Utilities Commission; and Kudzu Alliance.

Supreme Court of North Carolina.

September 7, 1983.


Attorney(s) appearing for the Case

Hunton & Williams by R.C. Howison, Jr. and Edward S. Finley, Jr., Charles D. Barham, Jr., Richard E. Jones and Robert S. Gillam, Raleigh, for plaintiff-appellee Carolina Power & Light Co.

Executive Director Robert Fischbach, Acting Chief Counsel, Theodore C. Brown, Jr. and Karen E. Long, Raleigh, for defendant-appellant North Carolina Utilities Com'n Public Staff.


PER CURIAM.

A recital of the evidence is not necessary in this opinion. See the decision of the Court of Appeals in this case for a statement of the facts.

This is a general rate case. The issue is whether the Court of Appeals erred in affirming the Utilities Commission's failure to determine the reasonable level of fuel expenses used in generation and production of power experienced during the twelve-month test period. This expense constituted approximately...

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