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  5. 749 S.E.2d 293 (2013)
 

IN RE TOWN OF SMITHFIELD

No. COA13-435.

749 S.E.2d 293 (2013)

In the Matter of Application by TOWN OF SMITHFIELD for Approval of Agreement Between Electric Suppliers With Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc.

Court of Appeals of North Carolina.

November 5, 2013.

Attorney(s) appearing for the Case

Poyner Spruill LLP, Rocky Mount, by Michael S. Colo , for applicant-appellant Town of Smithfield.

Hewett & Wood, P.A. by Marcus C. Burrell , for intervenor-appellee Theron Lee McLamb; and Narron, O'Hale & Whittington, P.A. by Jason W. Wenzel , for intervenor-appellee Partners Equity Group.

STROUD, Judge.

The Town of Smithfield ("Smithfield"), a municipality and electric provider, appeals an order entered by the Utilities Commission on or about 27 December 2012 denying approval to an agreement between it and Carolina Power & Light Company, d/b/a Progress Energy Carolinas, Inc. ("Progress") that allocated rights to serve certain areas within the Town of Smithfield. For the following reasons, we affirm.

I. Background

Smithfield and...

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