STATE ex rel UTILITIES COMMISSION v. ATTY. GEN. COOPER

No. 424A13.

761 S.E.2d 640 (2014)

STATE of North Carolina ex rel. UTILITIES COMMISSION; Duke Energy Progress, Inc., Applicant; and Public Staff — North Carolina Utilities Commission, Intervenor v. ATTORNEY GENERAL Roy COOPER and The North Carolina Waste Awareness And Reduction Network, Intervenors.

Supreme Court of North Carolina.

August 20, 2014.


Attorney(s) appearing for the Case

K & L Gates LLP, by Kiran H. Mehta ; Heather Shirley Smith , Deputy General Counsel, and Charles A. Castle , Associate General Counsel, Duke Energy Progress, Inc.; and Williams Mullen , by Christopher G. Browning, Jr. , for applicant-appellee Duke Energy Progress, Inc.

Antoinette R. Wike , Chief Counsel, and William E. Grantmyre and Lucy E. Edmondson , Staff Attorneys, for intervenor-appellee Public Staff — North Carolina Utilities Commission.

Kevin Anderson , Senior Deputy Attorney General; Phillip K. Woods and William V. Conley , Special Deputy Attorneys General; and Margaret A. Force , Assistant Attorney General, for intervenor-appellant Roy Cooper, Attorney General.

John D. Runkle for North Carolina Waste Awareness and Reduction Network, intervenor-appellant.


JACKSON, Justice.

In this case we consider whether the order of the North Carolina Utilities Commission ("the Commission") authorizing a 10.2% return on equity ("ROE") for Duke Energy Progress ("DEP") contained sufficient findings of fact to demonstrate that it was supported by competent, material, and substantial evidence in view of the entire record. See N.C.G.S. § 62-94 (2013). Because we conclude that the Commission made sufficient findings of fact...

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