STATE EX REL. UTILITIES COMMISSION v. EDMISTEN

No. 39.

230 S.E.2d 651 (1976)

291 N.C. 327

STATE of North Carolina ex rel. UTILITIES COMMISSION and Carolina Power and Light Company v. Rufus L. EDMISTEN, Attorney General.

Supreme Court of North Carolina.

December 21, 1976.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Robert P. Gruber, Sp. Deputy Atty. Gen., and Jesse C. Brake, Associate Atty. Gen., Raleigh, for intervenor-appellant.

William E. Graham, Jr., Vice President and General Counsel, Raleigh, Carolina Power & Light Co., and Joyner & Howison by Robert C. Howison, Jr., Raleigh, for Carolina Power & Light Company, appellee.

Edward B. Hipp, Gen. Counsel, and Wilson B. Partin, Jr., Asst. Commission Atty., Raleigh, for the Utilities Commission, appellee.


EXUM, Justice.

In conjunction with a pending application for a general rate increase filed October 29, 1973, the utility on January 25, 1974, applied to the Commission for approval of the utility's use as an adjunct, or rider, to its regular rate schedules a fuel adjustment clause. On February 5, 1974, the Commission on the basis of the utility's application and before hearing entered an ex parte order permitting the utility to use the fuel adjustment clause...

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