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STATE EX REL UTILITIES COM'N v. CAROLINA UTILITY CUSTOMERS ASS'N

No. 674A84.

333 S.E.2d 259 (1985)

314 N.C. 171

STATE of North Carolina, ex rel. UTILITIES COMMISSION; Duke Power Company; Abitibi-Price Company; Air Products and Chemicals, Inc.; American Cyanamid Corporation; BASF Wyandotte Corporation; City of Durham; Clark Equipment Company; Florida Steel Corporation; Ingersoll-Rand Corporation; Kudzu Alliance; North Carolina Municipal Power Agency No. One; Olin Corporation; Owens-Illinois, Inc.; PPG Industries, Inc.; Public Staff North Carolina Utilities Commission; Rufus L. Edmisten, Attorney General; and the General Tire and Rubber Company v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC. and Great Lakes Carbon Corporation.

Supreme Court of North Carolina.

August 13, 1985.

Attorney(s) appearing for the Case

Steve C. Griffith, Jr., George W. Ferguson, Jr., William L. Porter, Ronald L. Gibson, and Kennedy, Covington, Lobdell & Hickman by Clarence W. Walker and Myles E. Standish, Charlotte, for applicant-appellee Duke Power Co.

Thomas R. Eller, Jr., Raleigh, for intervenor-appellant Carolina Utility Customers Ass'n, Inc.

Byrd, Byrd, Ervin, Blanton, Whishant and McMahon, P.A. by Sam J. Ervin, IV, Morganton, for intervenor-appellant Great Lakes Carbon Corp.

MITCHELL, Justice.

On November 30, 1983, Duke Power Company (hereinafter "Duke") filed an application with the North Carolina Utilities Commission (hereinafter "Commission") for an increase in its rates and charges for electric service to its retail customers in North Carolina so as to increase annual revenue by approximately $213,000,000 or 13.6%. In the application Duke proposed to make the rate increase effective December 30, 1983. In an order dated December 27...

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