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STATE EX REL. UTILITIES COM'N v. THORNBURG

No. 278A85.

342 S.E.2d 28 (1986)

316 N.C. 238

STATE of North Carolina, ex rel. UTILITIES COMMISSION; Public Staff-North Carolina Utilities Commission, Intervenor; Carolina Utility Customers Association, Inc., Intervenor; Department of Defense of the United States, Intervenor; Conservation Council of North Carolina, Intervenor; Carolina Industrial Group For Fair Utility Rates—Federal Paper Board Company, Inc.; Huron Chemicals of America, Inc.; LCP Chemicals and Plastics, Inc.; Monsanto Company; Union Carbide Corporation; Clark Equipment Company; Corning Glass Works; Diamond Shamrock Chemical Company; Masonite Corporation; North Carolina Phosphate Corporation; Outboard Marine Corporation; Firestone Tire and Rubber Company; Weyerhauser Company, Intervenors; Kudzu Alliance, Intervenor; and North Carolina Eastern Municipal Power Agency, Intervenor, Appellees v. Lacy H. THORNBURG, Attorney General, Intervenor, Appellant; and Carolina Power & Light Company, Applicant, Cross-Appellant.

Supreme Court of North Carolina.

April 2, 1986.

Attorney(s) appearing for the Case

Robert P. Gruber, Executive Director by Antoinette R. Wike, Chief Counsel, Raleigh, for intervenor-appellee Public Staff-North Carolina Utilities Comn.

Lacy H. Thornburg, Atty. Gen. by Steven F. Bryant, Asst. Atty. Gen., and Karen E. Long, Asst. Atty. Gen., Raleigh, for intervenor-appellant Attorney General.

Richard E. Jones, Vice President and Senior Counsel, Raleigh, for applicant-cross-appellant Carolina Power & Light Co.

MEYER, Justice.

On 21 February 1984, Carolina Power & Light Company (hereinafter "CP' & L") filed an application with the North Carolina Utilities Commission (hereinafter "Commission") for an increase in its rates for electric service to its retail customers in North Carolina so as to increase annual revenue by approximately $151.6 million, or 12.6%. In the application, CP & L proposed to make the rate increase effective 22 March 1984. In an order issued...

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