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GTE SOUTH INC. v. AT & T COMMUNICATIONS

Record No. 991964.

527 S.E.2d 437 (2000)

259 Va. 338

GTE SOUTH INCORPORATED v. AT & T COMMUNICATIONS OF VIRGINIA, INC., et al.

Supreme Court of Virginia.

March 3, 2000.

Attorney(s) appearing for the Case

Richard D. Gary (Gregory M. Romano, Richmond; Hunton & Williams, on briefs), for appellant

James C. Roberts, Richmond (Wilma R. McCarey; Mark A. Keffer, Fairfax; Ivars V. Mellups, Oakton; Donald G. Owens; Mays & Valentine, Richmond, on brief), for appellee AT&T Communications of Virginia, Inc.

Don R. Mueller (Stewart E. Farrar; James C. Dimitri; William H. Chambliss; Allison L. Held, on brief), Richmond, for appellee State Corporation Commission of Virginia.

(Mark L. Earley, Attorney General; Judith Williams Jadgmann, Deputy Attorney General; John F. Dudley, Senior Assistant Attorney General & Chief; Raymond L. Doggett, Jr., Assistant Attorney General, on brief), for appellee Division of Consumer Counsel, Office of the Attorney General.

Present: CARRICO, C.J., COMPTON, LACY, KEENAN, KOONTZ, and KINSER, JJ., and POFF, Senior Justice.

LACY, Justice.

In this appeal of right, GTE South Inc. (GTE) assigns a number of errors to the decision of the Virginia State Corporation Commission reducing GTE's gross operating income by approximately $27,000,000.

I.

In 1993, the General Assembly enacted Code § 56-235.5 allowing the Commission to adopt ratemaking methods to replace the traditional rate based, rate of return analysis specified in...

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