STATE of North Carolina ex rel. UTILITIES COMMISSION; North Carolina Natural Gas Corporation; Cape Industries, Inc.; Federal Paper Board Company, Inc.; Libbey-Owens-Ford Company; Michael F. Easley, Attorney General; and Public Staff-North Carolina Utilities Commission
v.
CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC.; Aluminum Co. of America; and Cities of Greenville, Monroe, Rocky Mount and Wilson and the Greenville Utilities Commission.
Supreme Court of North Carolina.https://leagle.com/images/logo.png
July 29, 1994.
July 29, 1994.
Attorney(s) appearing for the Case
McCoy, Weaver, Wiggins, Cleveland & Raper by Donald W. McCoy and Jeffrey N. Surles, Fayetteville, for applicant-appellee North Carolina Gas Corp.
Michael F. Easley, Atty. Gen. by John R. McArthur, Chief Counsel, Margaret A. Force, Associate Atty. Gen., and Karen E. Long, Asst. Atty. Gen., for intervenor-appellee Attorney General.
Robert P. Gruber, Executive Director, Public Staff by Gisele L. Rankin, Staff Atty., for intervenor-appellee Public Staff-North Carolina Utilities Com'n.
Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by Sam J. Ervin, IV, Morganton, for intervenor-appellant Carolina Utility Customers Ass'n, Inc.
LeBoeuf, Lamb, Leiby & MacRae by David R. Poe, M. Toler Workman, and Kristen K. Eldridge, Washington, DC, for intervenor-appellant Aluminum Co. of America.
Poyner & Spruill by J. Phil Carlton, Ernie K. Murray and Nancy Bentson Essex, Raleigh, for intervenor-appellants Cities of Rocky Mount, Wilson, Monroe, and Greenville, and the Greenville Utilities Com'n.
Baddour, Parker, Hine & Wellons, P.A. by E.B. Borden Parker, Goldsboro, for Wayne County, Duplin County, Onslow County, Wayne County Economic Development Com'n, Duplin County Economic Development Com'n, Wayne County Chamber of Commerce, Mount Olive Chamber of Commerce, and Celotex, Inc., amici curiae.
Supreme Court of North Carolina.
FRYE, Justice.
In State of North Carolina ex rel. Utilities Comm. v. Carolina Utility Customers Ass'n, Inc.,336 N.C. 657, 446 S.E.2d 332 (1994), decided today, we considered, 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...
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