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STATE v. CAROLINA POWER & LIGHT CO.

No. 649A03.

593 S.E.2d 587 (2004)

358 N.C. 159

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. v. CAROLINA POWER & LIGHT COMPANY, Duke Power Company, and North Carolina Electric Membership Corporation.

Supreme Court of North Carolina.

February 5, 2004.

Attorney(s) appearing for the Case

Gisele L. Rankin, Staff Attorney, for Public Staff.

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

James P. West, Raleigh, for Carolina Utility Customers Assc.

Ralph McDonald, Raleigh, for Carolina Industrial Groups.

Michael S. Colo, Rocky Mount, Thomas R. West, Raleigh, for North Carolina Municipal Power Agency Number 1 and North Carolina Eastern Municipal Power Agency, Inc.

Edward S. Finley, Jr., Len S. Anthony, Raleigh, for CP&L, Duke Power, NCEMC.

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

Robert B. Schwentker, Thomas K. Austin, Raleigh, for NC Electric Membership Corp.

Prior report: ___ N.C.App. ___, 588 S.E.2d 77.

ORDER

Upon consideration of the petition for discretionary review, filed by Defendants on the 23rd day of December 2003 in this matter pursuant to G.S. 7A-31 and the Appellate Rule 16(b) as to issues in addition to those presented as the basis for the dissenting opinion in the Court of Appeals, the following order was entered and is hereby certified to the North Carolina...

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