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STATE v. CAROLINA POWER & LIGHT CO.

No. COA02-1737.

588 S.E.2d 77 (2003)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Public Staff -North Carolina Utilities Commission, Attorney General, Roy Cooper, Carolina Utility Customers Association, Inc., Carolina Industrial Groups for Fair Utility Rates I and II, Virginia Electric and Power Company d/b/a North Carolina Power, North Carolina Municipal Power Agency Number 1 and North Carolina Eastern Municipal Power Agency, Inc., Appellees, v. CAROLINA POWER & LIGHT COMPANY, Duke Power Company, and North Carolina Electric Membership Corporation, Appellants.

Court of Appeals of North Carolina.

November 18, 2003.

Attorney(s) appearing for the Case

Public Staff Executive Director Robert P. Gruber and Chief Counsel Antoinette R. Wike, by Gisele L. Rankin, Staff Attorney, for Appellee North Carolina Utilities Commission.

Attorney General Roy Cooper, by Assistant Attorney General Leonard G. Green, for the Attorney General.

West Law Offices, P.C., by James P. West, Raleigh, for Appellee Carolina Utility Customers Association, Inc.

Bailey & Dixon, L.L.P., by Ralph Mc-Donald, Raleigh, for Appellee Carolina Industrial Groups for Fair Utility Rates II.

Poyner & Spruill, L.L.P., by Michael S. Colo, Thomas R. West, and Pamela A. Scott, Raleigh, for Appellees North Carolina Municipal Power Agency Number 1 and North Carolina Eastern Municipal Power Agency, Inc.

Hunton & Williams, by Edward S. Finley, Jr., Raleigh, for Appellants.

Len S. Anthony, for Appellant Carolina Power & Light and Progress Energy.

William Larry Porter and Kodwo Ghartey-Tagoe, Charlotte, for Appellant Duke Power Company.

Robert B. Schwentker and Thomas K. Austin, Raleigh, for Appellant North Carolina Electric Membership Corporation.

TYSON, Judge.

Carolina Power & Light Company ("CP&L"), Duke Power ("Duke"), and North Carolina Electric Membership Corporation ("NCEMC") (collectively, "appellants") appeal from the 10 July 2002 and 20 August 2002 orders of the North Carolina Utilities Commission (the "Commission"). We vacate the 10 July 2002 orders and dismiss.

I. Background

On 17 November 1998, CP&L applied to the Commission for permission to construct two generating...

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