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STATE EX REL. UTILITIES COM'N v. VA. ELEC. AND POWER CO.

No. 280A83.

311 S.E.2d 586 (1984)

310 N.C. 302

STATE of North Carolina ex rel. UTILITIES COMMISSION, the Town of Tarboro and Electricities of North Carolina v. VIRGINIA ELECTRIC AND POWER COMPANY and Polylok Corporation.

Supreme Court of North Carolina.

February 2, 1984.

Attorney(s) appearing for the Case

Taylor, Brinson & Marrow by Herbert H. Taylor, Jr., and Z. Creighton Brinson, Tarboro, for plaintiff-appellant Town of Tarboro.

Spruill, Lane, Carlton, McCotter & Jolly by J. Phil Carlton and Ernie K. Murray, Rocky Mount, for plaintiff-appellant Electricities.

Edward S. Finley, Jr., Raleigh (of counsel: Edward S. Finley, Jr. and Edgar M. Roach, Jr., Hunton & Williams), Raleigh, for defendant-appellee Virginia Elec. and Power Co.

Sanford, Adams, McCullough & Beard by Charles C. Meeker and Nancy H. Hemphill, Raleigh, for defendant-appellee Polylok Corp.

EXUM, Justice.

The sole issue raised by this appeal is whether a municipality has the exclusive right to provide electricity to a user outside its city limits when the user desires to discontinue receiving electric service from the municipality and to receive it instead from an electric supplier. We conclude the municipality does have such an exclusive right if its service was initially, has been, and is "within reasonable limitations," as that term is used in N.C...

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