Court of Appeals of North Carolina, 1974

State ex rel. Utilities Commission v. Duke Power Co.

State ex rel. Utilities Commission v. Duke Power Co.
Court of Appeals of North Carolina · Decided March 6, 1974 · Britt, Parker, Vaughn
21 N.C. App. 89; 203 S.E.2d 404; 1974 N.C. App. LEXIS 1721

State ex rel. Utilities Commission v. Duke Power Co.

Opinion of the Court

VAUGHN, Judge.

The Courts are not authorized to fix rates for a public utility. That responsibility lies with the Utilities Commission. The findings of the Commission, when supported by competent evidence, are conclusive. This court may not substitute its judgment for that of the Commission even when it is of the opinion that the rate of return authorized by the Commission is inadequate.

After a review of the record, we are of the opinion that the findings of the Commission in this case are supported by substantial evidence and that the rates fixed by the Commission were established as provided by statute.

Affirmed.

Judge Britt concurs. Judge Parker dissents.

Dissenting Opinion

Judge Parker

dissenting:

The record in this case, as in case No. 7410UC140 decided this day, indicates to me that the Commission made its determination as to fair rate of return on the basis of book value rather than on the basis of the fair value of the utility’s property. As in case No. 7410UC140, I would remand this proceeding with direction that the Commission fix the rate of return on fair value as required by G.S. 62-133 (b) (4).

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