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

Nos. 529PA82, 530A82.

306 S.E.2d 435 (1983)

STATE of North Carolina ex rel. UTILITIES COMMISSION; Carolina Power and Light Company (Applicant); Champion International Corporation; and Rufus L. Edmisten, Attorney General v. THE PUBLIC STAFF-NORTH CAROLINA UTILITIES COMMISSION; and North Carolina Textile Manufacturers Association, Inc. STATE of North Carolina ex rel. UTILITIES COMMISSION; Carolina Power & Light Company (Applicant); Kudzu Alliance; and North Carolina Textile Manufacturers Association, Inc. v. THE PUBLIC STAFF-NORTH CAROLINA UTILITIES COMMISSION. STATE of North Carolina ex rel. UTILITIES COMMISSION; Virginia Electric and Power Company (Applicant); and North Carolina Textile Manufacturers Association, Inc. v. THE PUBLIC STAFF.

Supreme Court of North Carolina.

September 7, 1983.


Attorney(s) appearing for the Case

Charles D. Barham, Jr., Richard E. Jones, Robert S. Gillam, and Bode, Bode & Call by John T. Bode, Raleigh, for CP & L (Nos. 529PA82 and 530A82).

Hunton & Williams by Robert C. Howison, Jr., Edward S. Finley, Jr., and Edgar M. Roach, Jr., and Guy T. Tripp III, Raleigh, for VEPCO (No. 530A82).

Karen E. Long and Gisele L. Rankin, Raleigh, for Public Staff (Nos. 529PA82 and 530A82).


MEYER, Justice.

The primary issue presented is whether G.S. § 62-134(e) as it existed at the time of the proceedings in question permitted a utility in a fuel clause proceeding to obtain any increase or adjustment in its rates and charges to recover any of its costs or expenses for purchased power. We hold that the statute as it then existed did not permit recovery for any portion of purchased power costs in a fuel clause proceeding and that the cost of...

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