Court of Appeals of North Carolina, 1976

State ex rel. Utilities Commission v. Edmisten

State ex rel. Utilities Commission v. Edmisten
Court of Appeals of North Carolina · Decided August 18, 1976 · Britt, Hedrick, Martin
30 N.C. App. 475; 227 S.E.2d 602; 1976 N.C. App. LEXIS 2288

State ex rel. Utilities Commission v. Edmisten

Opinion of the Court

HEDRICK, Judge.

While the dates of certain previous orders are different, and the rates per KWH and total amounts of money involved are not the same, the questions of law presented by this appeal are substantially the same as those presented in State of North Carolina ex rel. Utilities Commission and Duke Power Company, Applicant v. Rufus L. Edmisten, Attorney General, No. 7610UC209, opinion filed this day. For the reasons stated in that opinion, the orders appealed from in this cause are

Affirmed.

Judge Britt concurs. Judge Martin dissents.

Dissenting Opinion

Judge Martin

dissenting.

For the reasons stated in my dissent filed this day in State of North Carolina ex rel., Utilities Commission and Duke Power Company, Applicant v. Rufus L. Edmisten, Attorney General, No. 7610UC209, I vote to reverse that portion of the Commission’s orders authorizing Carolina Power and Light Company to apply a surcharge for the recovery of approximately $15,500,000 for fuel expenses incurred prior to 1 September 1975.

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