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STATE ETC. v. PUBLIC STAFF-N.C. UTIL. COM'N.

Nos. 8110UC812 and 8110UC865.

293 S.E.2d 888 (1982)

STATE of North Carolina ex rel. UTILITIES COMMISSION, Virginia Electric and Power Company (Applicant), and North Carolina Textile Manufacturers Association, Inc. v. The PUBLIC STAFF—NORTH CAROLINA UTILITIES COMMISSION. and STATE of North Carolina ex rel. UTILITIES COMMISSION, Carolina Power & Light Company (Applicant), Kudzu Alliance, and North Carolina Textile Manufacturers Association, Inc. v. The PUBLIC STAFF—NORTH CAROLINA UTILITIES COMMISSION.

Court of Appeals of North Carolina.

August 3, 1982.

Attorney(s) appearing for the Case

Robert F. Page and Karen E. Long, Chief Counsel, Raleigh, for the Public Staff, North Carolina Utilities Com'n, appellant.

Hunton & Williams by Edgar M. Roach, Jr., Raleigh, for Virginia Electric and Power Co. and Bode, Bode & Call by John T. Bode, Raleigh, for Carolina Power & Light Co., appellees.

HARRY C. MARTIN, Judge.

Whether purchased power or interchange power is properly to be considered in a fuel adjustment clause proceeding appears to be a question of first impression in North Carolina.

In the CP&L application, counsel for the Public Staff argued that as a matter of law CP&L should not be permitted to recover its purchase power expenses in this proceeding and that an increase in the base fuel

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