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STATE EX REL. UTIL. v. CONSERVATION COUNCIL

No. 8210UC854.

307 S.E.2d 375 (1983)

STATE of North Carolina, ex rel. UTILITIES COMMISSION: Duke Power Company (Applicant); North Carolina Public Interest Research Group: North Carolina Textile Manufacturers Association: Peoples Alliance: and Public Staff, North Carolina Utilities Commission v. CONSERVATION COUNCIL OF NORTH CAROLINA: Great Lakes Carbon Corporation: and Kudzu Alliance.

Court of Appeals of North Carolina.

October 4, 1983.

Attorney(s) appearing for the Case

Kennedy, Covington, Lobdell & Hickman by Clarence W. Walker and Stephen K. Rhyne, and Steve C. Griffith, Jr., George W. Ferguson, Jr., and William L. Porter, Charlotte, for applicant-appellee Duke Power Co.

Daniel V. Besse, Greensboro, for intervenor-appellant Conservation Council of North Carolina.

Byrd, Byrd, Ervin, Blanton, Whisnant & McMahon, P.A. by Robert B. Byrd and Sam J. Ervin, IV, Morganton, for intervenor-appellant Great Lakes Carbon Corp.

Edelstein & Payne by M. Travis Payne, Raleigh, for intervenor-appellant Kudzu Alliance.

BECTON, Judge.

The scope of review for this appeal is set forth in N.C.Gen.Stat. § 62-94(b) (1982). Appellants contend the Commission committed prejudicial error by arbitrarily and capriciously keeping the hearing open until 23 November 1981, and by including expenditures for McGuire Nuclear Generating Unit One and for certain construction work in progress (CWIP) in Duke's rate base despite a lack of competent, material, and substantial evidence. We disagree...

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