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STATE EX REL. UTILITIES COMMISSION v. CAROLINA UTILITY CUSTOMERS ASS'N, INC.

No. 410PA93.

446 S.E.2d 332 (1994)

336 N.C. 657

STATE of North Carolina ex rel. UTILITIES COMMISSION; Public Service Company of North Carolina, Inc.; McDowell County; Michael F. Easley, Attorney General; and Public Staff-North Carolina Utilities Commission v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC.

Supreme Court of North Carolina.

July 29, 1994.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Wade H. Hargrove, William A. Davis, II, and Marcus W. Trathen, Raleigh, for applicant-appellee Public Service Co.

Michael F. Easley, Atty. Gen. by Jo Anne Sanford, Sp. Deputy Atty. Gen., and Karen E. Long, Asst. Atty. Gen., for intervenor-appellee Atty. Gen.

Robert P. Gruber, Executive Director, Public Staff by Gisele L. Rankin, Staff Atty., for intervenor-appellee Public Staff, and Hunter and Evans, P.A. by Robert C. Hunter, for intervenor-appellee McDowell County.

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A., by Sam J. Ervin, IV, Morganton, for intervenor-appellant Carolina Utility Customers Ass'n, Inc. (CUCA).

MEYER, Justice.

In this case we decide, inter alia, the constitutionality of that portion of N.C.G.S. § 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to use supplier refunds to such local distribution companies to fund the expansion fund. We also determine whether the North Carolina Utilities Commission ("the Commission...

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