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STATE EX REL. UTILITIES COMMISSION v. CAROLINA UTIL. CUSTOMERS

No. 170A99.

524 S.E.2d 10 (2000)

STATE of North Carolina ex rel. UTILITIES COMMISSION; Public Service Company of North Carolina, Inc. (Applicant); Public Staff-North Carolina Utilities Commission (Intervenor); and Michael F. Easley, Attorney General (Intervenor) v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC. (Intervenor).

Supreme Court of North Carolina.

February 4, 2000.

Attorney(s) appearing for the Case

J. Paul Douglas, Corporate Counsel, Gastonia, for applicant-appellee Public Service Company of North Carolina, Inc.

Robert P. Gruber, Executive Director, by Antoinette R. Wike, Chief Counsel, and Amy Barnes Babb, Staff Counsel, Raleigh, for intervenor-appellee Public Staff.

Michael F. Easley, Attorney General, by Margaret A. Force, Assistant Attorney General, intervenor-appellee.

Sutherland, Asbill & Brennan, LLP, by Keith R. McCrea, pro hac vice, Washington, DC; and West Law Offices, P.C., by James P. West, Raleigh, for intervenor-appellant Carolina Utility Customers Association, Inc.

PARKER, Justice.

On 2 April 1998 applicant-appellee Public Service Company of North Carolina, Inc. ("PSNC") filed an application with the North Carolina Utilities Commission ("the Commission") seeking a rate increase of $21,518,027 per year.1 The Commission allowed the formal intervention of Carolina Utility Customers Association, Inc. ("CUCA") by order dated 7 April 1998. On 28 April 1998 the Commission entered an order setting PSNC's...

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