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STATE EX REL. UTILITIES COMMISSION v. EDMISTEN

No. 7510UC109.

217 S.E.2d 201 (1975)

26 N.C. App. 662

STATE of North Carolina ex rel. UTILITIES COMMISSION, Duke Power Company, Applicant, Chemstrand Research Center, Inc., et al., Intervenors, v. Rufus L. EDMISTEN, Attorney General, and Great Lakes Carbon Corporation, Inc., Intervenors.

Court of Appeals of North Carolina.

August 6, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten and Deputy Atty. Gen. I. Beverly Lake, Jr. and Jerry L. Rutledge, Associate Atty., Raleigh, for intervenor-appellant Atty. Gen. of North Carolina.

Byrd, Byrd, Ervin & Blanton, P. A. by Robert B. Byrd, Morganton, for intervenor-appellant Great Lakes Carbon Corp.

Steve C. Griffith, Jr., George M. Thorpe and Kennedy, Covington, Lobdell & Hickman by Clarence W. Walker and John M. Murchison, Jr., Charlotte, for applicant-appellee Duke Power Co.

Commission Atty. Edward B. Hipp and Associate Commission Atty. John R. Molm, Raleigh, for appellee North Carolina Utilities Commission.

HEDRICK, Judge.

While the Intervenors challenge the orders of 19 December 1973, 10 September 1974 and the final order of 10 October 1974 in various respects, the primary question for resolution on this appeal is whether a fuel adjustment clause is a valid device to be used in fixing the rate Duke can charge for its service as a public utility regulated by Chapter 62 of the General Statutes of North Carolina.

The fuel adjustment clause approved by the Commission...

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