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STATE v. PUBLIC STAFF-N.C. UTIL. COM'N

No. 108A87.

370 S.E.2d 567 (1988)

322 N.C. 689

STATE of North Carolina ex rel. UTILITIES COMMISSION; and Duke Power Company v. PUBLIC STAFF-NORTH CAROLINA UTILITIES COMMISSION (Appellant); and Lacy H. Thornburg, Attorney General; City of Durham; and Wells Eddleman (Cross-Appellants).

Supreme Court of North Carolina.

July 28, 1988.

Attorney(s) appearing for the Case

James D. Little, Staff Atty., Raleigh, for Public Staff Legal Div., North Carolina Utilities Com'n, appellant.

Lacy H. Thornburg, Atty. Gen. by Jo Anne Sanford, Sp. Deputy Atty. Gen., and Karen E. Long, Asst. Atty. Gen., Raleigh, for Atty. Gen. Lacy H. Thornburg and City of Durham, cross-appellants.

Wells Eddleman, Durham, intervenor pro se and cross-appellant.

Steve C. Griffith, Jr., Sr. Vice President and Gen. Counsel, and Ronald L. Gibson, Asst. Gen. Counsel, Duke Power Co.; Kennedy, Covington, Lobdell & Hickman by Clarence W. Walker and Myles E. Standish, Charlotte, for Duke Power Co., appellee-applicant.

Richard E. Jones, Vice President and Gen. Counsel, Raleigh, for Carolina Power & Light Co. amicus curiae.

EXUM, Chief Justice.

On 27 March 1986, Duke Power Company ("Duke") filed an application with the North Carolina Utilities Commission ("Commission") seeking authority to increase annual electric revenues for its North Carolina retail customers by 14.7%, or $289,316,000. On 14 April 1986, the Commission declared Duke's application to be a general rate case, established the test period, and scheduled public hearings. Thereafter, the Attorney General, North Carolina Industrial...

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