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STATE EX REL. UTIL. COM'N v. WOODSTOCK ELEC. MEM. CORP.

No. 47.

171 S.E.2d 406 (1970)

276 N.C. 108

STATE of North Carolina ex rel. UTILITIES COMMISSION and Virginia Electric and Power Company v. WOODSTOCK ELECTRIC MEMBERSHIP CORPORATION and North Carolina Electric Membership Corporation.

Supreme Court of North Carolina.

January 6, 1970.

Attorney(s) appearing for the Case

Crisp, Twiggs & Wells, Raleigh, for Woodstock Electric Membership Corp. and North Carolina Electric Membership Corp.

Edward B. Hipp and Larry G. Ford, Raleigh, Commission Attys., for North Carolina Utilities Commission.

Joyner, Moore & Howison, Raleigh, for Virginia Electric and Power Co.

LAKE, Justice.

G.S. § 62-110.2 was enacted in 1965. Prior to its enactment, electric membership cooperatives, such as Woodstock, and investor-owned public utility companies, such as VEPCO, were free to compete in the rural portions of this State, in the absence of contractual restrictions upon such right, irrespective of the fact that such competition resulted in substantial duplication of power lines and facilities. State ex rel. Utilities Commission v. Lumbee...

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