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STATE v. PUBLIC SERVICE CO. OF N.C.

No. 216PA82.

299 S.E.2d 425 (1983)

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.

Supreme Court of North Carolina.

January 28, 1983.

Attorney(s) appearing for the Case

Public Staff of the N.C. Utilities Com'n by Executive Director Robert Fischbach, Acting Chief Counsel Theodore C. Brown, Jr. and G. Clark Crampton, Raleigh, for plaintiff-appellant.

Boyce, Mitchell, Burns & Smith, P.A. by F. Kent Burns, Raleigh, for defendant-appellee Public Service Co. of North Carolina, Inc.

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

BRANCH, Chief Justice.

The issue presented in instant case involves the proper distribution of refunds received by the appellee utilities as a result of prior period overpayments to their natural gas supplier.

The Commission looked to G.S. 62-136(c) to determine whether the supplier refunds should be retained by the utilities or distributed to their customers. Prior to 1981, G.S. 62-136(c) provided as follows:<...

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