STATE v. CONSERVATION COUNCIL OF N.C.

No. 126A84.

320 S.E.2d 679 (1984)

312 N.C. 59

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.

Supreme Court of North Carolina.

October 2, 1984.


Attorney(s) appearing for the Case

Duke Power Company by Steve C. Griffith, Jr. and George W. Ferguson, Jr., Kennedy, Covington, Lobdell & Hickman by Clarence W. Walker, Stephen K. Rhyne, and Myles E. Standish, Charlotte, for applicant-appellee Duke Power Company.

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

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


COPELAND, Justice.

I.

Appellants argue that the Commission erred in including the sum of $144,841,000 in Duke's retail rate base for construction work in progress (hereinafter CWIP) because its findings on this matter were inadequate as a matter of law. Appellants base their argument on both G.S. § 62-79(a) and G.S. § 62-133(b)(1) (1977) (amended 1981). Each statute will be considered separately.

G.S. § 62-79(a) provides that:

...

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