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STATE v. CAROLINA POWER & LIGHT CO.

No. 649A03.

592 S.E.2d 198 (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.

January 9, 2004.

Attorney(s) appearing for the Case

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

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

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, William Larry Porter, Charlotte, Kodwo Ghartey-Tagoe, for CP&L, Duke Power., NCEMC.

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

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

ORDER

Upon consideration of the petition filed by Appellants (Public Staff-North Carolina Utilities Commission and Roy Cooper) for Writ of Supersedeas of the judgment of the Court of Appeals, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 8th day of January...

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