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STATE EX REL. UTILITIES COM'N v. N.C. GAS SERVICES

No. COA97-336.

494 S.E.2d 621 (1998)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Piedmont Natural Gas Company, Inc. (Applicant-Intervenor), The Public Staff (Intervenor), Attorney General Michael F. Easley (Intervenor), Appellees, v. NORTH CAROLINA GAS SERVICE A Division of NUI Corporation (Applicant-Intervenor), Appellant.

Court of Appeals of North Carolina.

January 6, 1998.

Attorney(s) appearing for the Case

Burns, Day & Presnell, P.A. by Daniel C. Higgins, Raleigh, for Piedmont Natural Gas Company, Inc., plaintiff-appellee.

Public Staff Executive Director Robert P. Gruber by Chief Counsel Antoinette R. Wike and Staff Attorney Gina C. Holt, Raleigh, for N.C. Utilities, plaintiff-appellee.

Poyner & Spruill, L.L.P. by John R. Jolly, Jr., and Nancy Bentson Essex, Raleigh; and McCoy, Weaver, Wiggins, Cleveland & Raper by Jim Wade Goodman, Fayetteville, for N.C. Gas Service, defendant-appellant.

SMITH, Judge.

In 1995, the North Carolina General Assembly enacted N.C.Gen.Stat. § 62-36A, requiring that all areas of the state be assigned to a natural gas local distribution company ("LDC") by 1 January 1997. The North Carolina Utilities Commission ("Commission") entered an order providing that companies could file applications for areas they wished to serve on or before 1 January 1996. After that date, the Commission would assign any remaining unfranchised...

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