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STATE EX REL. UTILITIES COMMISSION v. CAROLINA WATER SERVICE, INC.

No. COA12-475.

738 S.E.2d 187 (2013)

STATE of North Carolina ex rel. UTILITIES COMMISSION; Public Staff — Utilities Commission, Intervenor-Appellees, v. CAROLINA WATER SERVICE, INC. OF NORTH CAROLINA, Applicant-Appellant, and Charlotte-Mecklenburg Utilities, A Department of the City of Charlotte, Intervenor-Appellant.

Court of Appeals of North Carolina.

January 15, 2013.

Attorney(s) appearing for the Case

Poyner Spruill LLP, Raleigh, by Robert F. Orr , Christopher J. Ayers , and Andrew H. Erteschik , for Applicant-Appellant Carolina Water Service, Inc. of North Carolina.

Styers & Kemerait, PLLC, by Karen M. Kemerait and M. Gray Styers, Jr. , Raleigh, for Intervenor-Appellant Charlotte-Mecklenburg Utilities, A Department of the City of Charlotte.

Public Staff, Robert P. Gruber , Executive Director, by David T. Drooz , for Intervenor-Appellee the North Carolina Utilities Commission.

STEPHENS, Judge.

Factual Background and Procedural History

This case arises out of an agreement between the Applicant-Appellant, Carolina Water Service, Inc. of North Carolina ("CWSNC" or "the Utility") and the Intervenor-Appellant, Charlotte-Mecklenburg Utilities ("CMU"), which is a branch of the City of Charlotte ("the City"). CWSNC is a publicly franchised utility that provides water and sewer services to customers in the State of North Carolina...

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