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IN RE DUKE ENERGY CORP.

No. COA13-566.

755 S.E.2d 382 (2014)

In the Matter of Application of DUKE ENERGY CORPORATION and Progress Energy, Inc., to Engage in a Business Combination Transaction and to Address Regulatory Conditions and Codes of Conduct.

Court of Appeals of North Carolina.

March 4, 2014.

Attorney(s) appearing for the Case

Allen Law Offices, PLLC, Raleigh, by Dwight W. Allen , Britton H. Allen , and Brady W. Allen ; Duke Energy Corporation Deputy General Counsel Lawrence B. Somers ; and Womble Carlyle Sandridge & Rice, LLP, Charlotte, by James P. Cooney, III , for Appellee Duke Energy Corporation.

Spiegel & McDiarmid, LLP, by James N. Horwood and Peter J. Hopkins , pro hac vice; and Schiller & Schiller, PLLC, Raleigh, by David G. Schiller , for Intervenor-Appellant City of Orangeburg, South Carolina.

The Law Offices of F. Bryan Brice, Jr., Raleigh, by Matthew D. Quinn ; and John D. Runkle , for Intervenor-Appellant N.C. Waste Awareness Reduction Network.

Public Staff Chief Counsel Antoinette R. Wike and Staff Attorney Gisele L. Rankin , for Appellee Public Staff-North Carolina Utilities Commission.

McCULLOUGH, Judge.

Intervenors City of Orangeburg, South Carolina ("Orangeburg") and N.C. Waste Awareness and Reduction Network ("NC WARN") appeal from order of the N.C. Utilities Commission (the "Commission") entered 29 June 2012. For the following reasons, we affirm the Commission's order and dismiss Orangeburg's appeal.

I. Background

In accordance with N.C. Gen.Stat. § 62-111(a), on 4 April...

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