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STATE EX REL. UTILITIES COM'N v. EDDLEMAN

No. 39A86.

358 S.E.2d 339 (1987)

320 N.C. 344

STATE of North Carolina ex rel. UTILITIES COMMISSION and Duke Power Company (Applicant), v. Wells EDDLEMAN (Appellant), and Public Staff—North Carolina Utilities Commission; Lacy H. Thornburg, Attorney General; City of Durham; and Conservation Council of North Carolina (Cross-Appellants).

Supreme Court of North Carolina.

July 28, 1987.

Attorney(s) appearing for the Case

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

Wells Eddleman, pro se.

Robert Gruber, Executive Director by James D. Little, Staff Atty., and Michael L. Ball, Staff Atty., Public Staff-North Carolina Utilities Com'n, Raleigh, for the Using and Consuming Public.

Lacy H. Thornburg, Atty. Gen. by Jo Anne Sanford, Sp. Deputy Atty. Gen., Karen E. Long, Asst. Atty. Gen., and Angeline M. Maletto, Asst. Atty. Gen., Raleigh, for the Using and Consuming Public.

W.I. Thornton, Jr., City Atty., Durham, for the City of Durham.

Edelstein and Payne by M. Travis Payne, Raleigh, for Conservation Council of North Carolina.

EXUM, Chief Justice.

This is an appeal from an order of the North Carolina Utilities Commission in a general rate case. Numerous questions concerning the legality of the order have been raised by appellant intervenors and will be treated seriatim.

Procedurally, the case comes to this Court as follows:

On 15 February 1985, Duke Power Company filed an application with the North Carolina Utilities Commission seeking to increase electric utility rates...

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