STATE EX REL. UTIL. COM'N v. PUBLIC STAFF

No. 536A85.

343 S.E.2d 898 (1986)

STATE of North Carolina, ex rel. UTILITIES COMMISSION and Glendale Water, Inc. v. The PUBLIC STAFF, NORTH CAROLINA UTILITIES COMMISSION and Lacy H. Thornburg, Attorney General.

Supreme Court of North Carolina.

June 3, 1986.


Attorney(s) appearing for the Case

Johnson, Gamble, Hearn & Vinegar by M. Blen Gee, Jr., Raleigh, for plaintiff-appellee Glendale Water, Inc.

Public Staff, Robert P. Gruber, Executive Director by Paul L. Lassiter and Lorinzo L. Joyner, Staff Attys., Raleigh, for defendant-appellant Public Staff.

Lacy H. Thornburg, Atty. Gen. by Angeline M. Maletto, Associate Atty., Raleigh, for defendant-appellant Lacy H. Thornburg, Atty. Gen.


BRANCH, Chief Justice.

The first assignment of error presented by the Attorney General and the Public Staff states that the Commission erred in granting Glendale a $34,883 annual increase in revenues when it found as a fact that Glendale has failed to provide adequate water service. The Commission's order contains these findings in pertinent part:

6. Under present rates, the Applicant's annualized level of operating revenue is $111,348. Under the Applicant...

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