STATE EX REL. UTILITIES COM'N v. KUDZU ALLIANCE

Nos. 8210UC824, 8210UC843.

306 S.E.2d 546 (1983)

STATE of North Carolina, ex rel. UTILITIES COMMISSION: Carolina Power and Light Company (Applicant); The Public Staff-North Carolina Utilities Commission; and North Carolina Textile Manufacturers Association v. KUDZU ALLIANCE. STATE of North Carolina, ex rel. UTILITIES COMMISSION; Duke Power Company (Applicant); North Carolina Textile Manufacturers Association; and Public Staff, North Carolina Utilities Commission v. KUDZU ALLIANCE.

Court of Appeals of North Carolina.

September 20, 1983.


Attorney(s) appearing for the Case

Edelstein & Payne by M. Travis Payne, Raleigh, for intervenor-appellant in Nos. 8210UC843 and 8210UC824.

Steve C. Griffith, Jr., George W. Ferguson, Jr., and William L. Porter, Charlotte, for applicant-appellee Duke Power Co. in No. 8210UC843.

Bode, Bode & Call by John T. Bode, and Richard E. Jones and Robert W. Kaylor, Raleigh, for applicant-appellee Carolina Power and Light Co. in No. 8210UC824.

Before WHICHARD, JOHNSON and EAGLES, JJ.


Because of the similarity of the facts and the issues presented by the appeals in these two cases, we have combined our consideration of them. We note at the outset that G.S. 62-134(e), the statute governing the instant proceedings before the Utilities Commission, has been repealed. 1981 Session Laws (Reg.Sess., 1982) c. 1197, s. 2. The repealing statute provides that "all rates and changes under G.S. § 62-134(e) shall terminate not later than December 1, 1982." 1981...

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