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STATE EX REL. UTILITIES COM'N v. EDMISTEN

No. 549A84.

333 S.E.2d 453 (1985)

314 N.C. 122

STATE of North Carolina ex rel. UTILITIES COMMISSION; Nantahala Power & Light Company, Applicant; Tapoco, Inc. and Aluminum Company of America, Respondents, v. Rufus L. EDMISTEN, Attorney General; Public Staff—North Carolina Utilities Commission; Counties of Cherokee, Graham, Jackson, Macon, and Swain; Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva; Tribal Council of the Eastern Band of Cherokee Indians; Henry J. Truett, Howard Patton, Veronica Nicholas, O.W. Hooper, Jr., Alvin E. Smith, Larry Lynn Bailey; and Jackson Paper Manufacturing Company, Intervenors.

Supreme Court of North Carolina.

August 13, 1985.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Richard L. Griffin, Asst. Atty. Gen., for Using and Consuming Public.

Robert Gruber, Executive Director by James D. Little, Staff Atty., Public Staff, Raleigh, for Using and Consuming Public.

Crisp, Davis, Schwentker & Page by Robert F. Page, Raleigh, for intervenors-appellants Counties of Cherokee, Graham, Jackson, Macon, and Swain, Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva, Tribal Council of the Eastern Band of Cherokee Indians, and Henry J. Truett, Howard Patton, Veronica Nichols, O.W. Hooper, Jr., and Alvin E. Smith.

Hatch, Little, Bunn, Jones, Few & Berry by David H. Permar, Raleigh, for intervenor-appellant Jackson Paper Mfg. Co.

Hunton & Williams by Edward S. Finley, Jr., Raleigh, for respondent-appellee Nantahala Power and Light Co.

LeBoeuf, Lamb, Leiby & MacRae by Ronald D. Jones, David R. Poe, Raleigh, and Dennis P. Harkawik, New York City, of counsel, for respondents-appellees Aluminum Co. of America and Tapoco, Inc.

MEYER, Justice.

The principal question raised by this appeal is whether the Commission erred as a matter of law in its order establishing Nantahala's retail rates on a "stand-alone" basis by failing to accord more than minimal consideration to competent evidence suggesting the continued propriety of utilizing the "roll-in" rate making methodology applied by the Commission in two preceding general rate cases involving Nantahala, Tapoco, and Alcoa and affirmed by this...

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