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STATE EX REL. UTIL. COM'N v. THORNBURG

No. 89A89.

385 S.E.2d 463 (1989)

325 N.C. 484

STATE of North Carolina ex rel. UTILITIES COMMISSION; Carolina Utility Customers Association, Inc., Intervenor; Carolina Industrial Group for Fair Utility Rates (Cigfur-II), Intervenor; North Carolina Electric Membership Corporation, Intervenor; United States Secretary of the Navy, Intervenor; Elizabeth Anne Cullington, Intervenor; and North Carolina Fair Share, Intervenor, Appellees, v. Lacy H. THORNBURG, Attorney General, Intervenor; Carolina Power & Light Company, Applicant, and Public Staff—North Carolina Utilities Commission, Intervenor.

Supreme Court of North Carolina.

November 9, 1989.

Attorney(s) appearing for the Case

James D. Little and David T. Drooz, Raleigh, for Public Staff—North Carolina Utilities Com'n, cross-appellant.

Lacy H. Thornburg, Atty. Gen. by Jo Anne Sanford, Sp. Deputy Atty. Gen., Karen E. Long and Lemuel W. Hinton, Asst. Attys. Gen., Raleigh, for Attorney General, appellant.

Richard E. Jones, Vice President and Gen. Counsel and Robert S. Gillam, Associate Gen. Counsel, Raleigh, for Carolina Power and Light Co., appellant.

FRYE, Justice.

This is a general rate case in which CP & L sought to include in the rate base the full costs of the Shearon Harris Nuclear Power Plant (Harris Plant), which became operational in May, 1987. Approximately $570,000,000 of the total costs of constructing Unit 1 was quantified as the cost of constructing common facilities to service abandoned Units 2, 3, and 4.

The essential questions presented for our review are whether the Commission erred...

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