STATE EX REL. UTILITIES COM'N v. NORTH CAROLINA ELEC. MEMBERSHIP CORP.

No. 9010UC1166.

412 S.E.2d 166 (1992)

105 N.C. App. 136

STATE of North Carolina ex. rel. UTILITIES COMMISSION; Public Staff—North Carolina Utilities Commission; Lacy H. Thornburg, Attorney General; Carolina Power & Light Company; Duke Power Company; Nantahala Power and Light Company; North Carolina Customers Association, Inc., Carolina Industrial Group for Fair Utility Rates (CIGFUR-II); Conservation Council of North Carolina; North Carolina Fair Share; North Carolina Consumers Council; North Carolina Solar Energy Association; Western North Carolina Alliance; Sierra Club; Jocassee Watershed Coalition; Ultrasystems Development Corporation; Blue Ridge Environmental Defense League, Inc.; and David Springer, Appellees, v. NORTH CAROLINA ELECTRIC MEMBERSHIP CORPORATION, Appellant.

Court of Appeals of North Carolina.

January 21, 1992.


Attorney(s) appearing for the Case

Thomas J. Bolch, Raleigh, Brand & Leckie by Wallace E. Brand and Donrita Y. Cottrell, and Milton Grossman, of counsel, Washington, D.C., for appellant, North Carolina Elec. Membership Corp.

H. Ray Starling, Jr., Raleigh, for appellee, Carolina Power & Light.

Steve C. Griffith, Jr., William Larry Porter, Karol G. Page, and Kennedy, Covington, Lobdell & Hickman by Myles E. Standish, Charlotte, for appellee, Duke Power Co.

Gisele L. Rankin, Raleigh, for appellee, Public Staff—North Carolina Utilities Com'n.


WYNN, Judge.

In 1975, the North Carolina General Assembly enacted G.S. 62-110.1(c) (1989), which directed the North Carolina Utilities Commission (the "Commission") to "develop, publicize, and keep current an analysis of the long-range needs for expansion of facilities for the generation of electricity in North Carolina, including its estimate of the probable future growth of the use of electricity, the probable needed generating reserves, the extent, size, mix and...

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