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STATE EX REL. UTILITIES COMMISSION v. PIEDMONT NATURAL GAS CO.

No. 252PA96.

488 S.E.2d 591 (1997)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Frontier Utilities of North Carolina, Inc. (Applicant-Intervenor), The Public Staff—North Carolina Utilities Commission (Intervenor), and Michael F. Easley, Attorney General (Intervenor), v. PIEDMONT NATURAL GAS COMPANY, INC. (Applicant-Intervenor).

Supreme Court of North Carolina.

July 24, 1997.

Attorney(s) appearing for the Case

Petree Stockton, L.L.P. by James P. Cain, M. Gray Styers, Jr., and Teresa DeLoatch, Raleigh, for applicant-intervenor-appellee Frontier Utilities of N.C.

Robert P. Gruber, Executive Director by Gisele L. Rankin, Staff Attorney, Raleigh, for intervenor-appellee Public Staff.

Michael F. Easley, Attorney General by J. Mark Payne, Assistant Attorney General, intervenor-appellee.

Amos & Jeffries, L.L.P. by Jerry W. Amos and Russell M. Robinson, III, Greensboro, for applicant-intervenor-appellant Piedmont Natural Gas Co.

Simpson Aycock, P.A. by Dan R. Simpson, Morganton, on behalf of Representative George M. Holmes, Representative Rex L. Baker, Representative John W. Brown, Representative Bill S. Hiatt, Representative Gene Wilson, Senator Daniel R. Simpson, Senator Donald R. Kincaid, Senator Don W. East, and Senator Virginia Ann Foxx, amici curiae.

WHICHARD, Justice.

This appeal involves competing applications filed by Frontier Utilities of North Carolina, Inc. (Frontier) and Piedmont Natural Gas Company, Inc. (Piedmont) to provide natural gas service to Surry, Wilkes, Watauga, and Yadkin Counties (Four-County area).

On 23 September 1994 Frontier, a newly formed local distribution company (LDC), filed an application for a certificate of public convenience and necessity to construct, own, and operate...

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