STATE EX REL. UTIL. COM'N v. THORNBURG

Nos. 505A88, 506A88 and 507A88.

380 S.E.2d 112 (1989)

324 N.C. 478

STATE of North Carolina ex rel. UTILITIES COMMISSION; Nantahala Power and Light Company; Aluminum Company of America; and Tapoco, Inc. v. Lacy THORNBURG, Attorney General; Public Staff; Henry J. Truett; Cherokee, Graham, Jackson and Swain Counties; the Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva; the Tribal Council of the Eastern Band of Cherokee Indians; Muriel Maney; and Derol Crisp. STATE of North Carolina ex rel. UTILITIES COMMISSION; Nantahala Power and Light Company; Aluminum Company of America; and Tapoco, Inc. v. Lacy THORNBURG, Attorney General; Public Staff; Henry J. Truett; Cherokee, Graham, Jackson and Swain Counties; the Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva; the Tribal Council of the Eastern Band of Cherokee Indians; and Derol Crisp. STATE of North Carolina ex rel. UTILITIES COMMISSION; Nantahala Power and Light Company; Aluminum Company of America; Tapoco, Inc.; and Jackson Paper Manufacturing Company v. Lacy THORNBURG, Attorney General; Public Staff; Cherokee, Graham, Jackson and Swain Counties; the Towns of Andrews, Bryson City, Dillsboro, Robbinsville, and Sylva; the Tribal Council of the Eastern Band of Cherokee Indians; Henry J. Truett; Howard Patton; Veronica Nicholas; O.W. Hooper, Jr.; Alvin E. Smith; and Larry Lynn Bailey.

Supreme Court of North Carolina.

June 8, 1989.


Attorney(s) appearing for the Case

Lacy Thornburg, Atty. Gen., by Richard L. Griffin, Asst. Atty. Gen., Asheville, Robert Gruber, Executive Director by James D. Little, Staff Atty., The Public Staff, Raleigh, for Using and Consuming Public, appellant.

Crisp, Davis, Schwentker, Page & Currin by William T. Crisp and Robert F. Page, Raleigh, for 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, et al., appellants.

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

LeBoeuf, Lamb, Leiby & MacRae by Ronald D. Jones and David R. Poe, New York City, for Aluminum Co. of America and Tapoco, Inc., appellees.

Steve C. Griffith, Jr., Sr. Vice President and Gen. Counsel and Ellen T. Ruff, Deputy Gen. Counsel, Charlotte, for Duke Power Co., amicus curiae.


WEBB, Justice.

The appellants-intervenors contend that it was error for the North Carolina Utilities Commission to deny new hearings after the three dockets had been remanded following the decision of the United States Supreme Court. They base this argument on what they say is a misunderstanding by the Commission of the opinion of the United States Supreme Court and the opinions and remand orders of this Court.

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