STATE EX REL. UTILITIES COM'N v. CUCA

No. 22A96.

500 S.E.2d 693 (1998)

STATE of North Carolina ex rel. UTILITIES COMMISSION; Pennsylvania & Southern Gas Company, A Division of NUI Corporation; and Public Staff-North Carolina Utilities Commission v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC.

Supreme Court of North Carolina.

July 9, 1998.


Attorney(s) appearing for the Case

Amos & Jeffries, L.L.P. by James H. Jeffries IV, Greensboro, for applicant-appellee Pennsylvania & Southern Gas Company.

Robert P. Gruber, Executive Director by James D. Little, Staff Attorney, Raleigh, for intervenor-appellee Public Staff.

Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, P.A. by Sam J. Ervin, IV, Morganton, for intervenor-appellant Carolina Utility Customers Association, Inc.

Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. by James Y. Kerr, II, Raleigh, on behalf of BellSouth Telecommunications, Inc.; and Dwight W. Allen, Vice President and General Counsel, Wake Forest, on behalf of Carolina Telephone & Telegraph Company, amici curiae.

Hunton & Williams by Edward S. Finley, Jr., on behalf of North Carolina Natural Gas Corporation; and Les S. Anthony, Associate General Counsel, Raleigh, on behalf of Carolina Power & Light Company, amici curiae.

Michael F. Easley, Attorney General by Alan S. Hirsch, Special Deputy Attorney General, and Karen E. Long, Assistant Attorney General, on behalf of the Attorney General, amicus curiae.


LAKE, Justice.

On 17 February 1995, applicant-appellee Pennsylvania & Southern Gas Company, a division of NUI Corporation and doing business as North Carolina Gas Service ("the Company"), filed an application with the North Carolina Utilities Commission seeking a $773,503 increase in annual gross revenues and approval of a mechanism for the future recovery of manufactured gas plant costs. On 14 March 1995, the Commission entered an order setting the Company's...

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