DENNIS v. DUKE POWER CO.

No. 246PA94.

459 S.E.2d 707 (1995)

341 N.C. 91

In the Matter of Mrs. Delora DENNIS, Route 2, Box 478, Brevard, North Carolina 28712, and Other Customers of Haywood Electric Membership Corporation, Complainants, v. DUKE POWER COMPANY and Haywood Electric Membership Corporation, Respondents. Mr. Thomas W. McGOHEY and Other Customers of Haywood Electric Membership Corporation, 505 Connestee Trail, Brevard, North Carolina 28712, Complainants, v. DUKE POWER COMPANY and Haywood Electric Membership Corporation, Respondents. Mrs. Carmeletta MOSES, Route 68, Box 326, Tuckasegee, North Carolina 28783, Complainant, v. DUKE POWER COMPANY and Haywood Electric Membership Corporation, Respondents. Mr. Forrest COLE, Route 63, Bull Pen Road, Cashiers, North Carolina 28717, and Other Customers of Haywood Electric Membership Corporation, Complainants, v. NANTAHALA POWER & LIGHT COMPANY and Haywood Electric Membership Corporation, Respondents.

Supreme Court of North Carolina.

July 28, 1995.


Attorney(s) appearing for the Case

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by Sam J. Ervin, IV, Morganton, for petitioner-appellant M-B Industries, Inc.

Amos and Jeffries, L.L.P., Jerry W. Amos, Greensboro, for respondent-appellee Haywood Elec. Membership Corp.

Duke Power Co. by Steve C. Griffith, Jr., Vice Chairman and Gen. Counsel, and William Larry Porter, Deputy Gen. Counsel; and Kennedy Covington Lobdell & Hickman, L.L.P. by Myles E. Standish, Charlotte, for respondent-appellant Duke Power Co.

Hunton & Williams by Edward S. Finley, Jr., and James L. Hunt, Raleigh, for respondent-appellant Nantahala Power and Light Co.

Robert P. Gruber, Executive Director, Public Staff, and Antoinette R. Wike, Chief Counsel by A.W. Turner, Jr., and Victoria O. Hauser, Staff Attys., for intervenor-appellant Public Staff.

North Carolina Elec. Membership Corp. by Thomas K. Austin, Associate General Counsel, for intervenor-appellee North Carolina Elec. Membership Corp.


WHICHARD, Justice.

This case arose from four complaints filed in the North Carolina Utilities Commission ("the Commission") on behalf of over nine hundred electric power consumers who were customers of respondent Haywood Electric Membership Corporation ("Haywood") in Haywood's Transylvania and Jackson County service areas. These consumers sought a transfer of their electrical service from Haywood to respondent Duke Power...

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