State ex rel. Utils. Comm'n v. Edmisten, 232 S.E.2d 200 (N.C. 1977). · Go Syfert
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State ex rel. Utils. Comm'n v. Edmisten, 232 S.E.2d 200 (N.C. 1977). Cases Citing This Book View Copy Cite
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STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION and CAROLINA POWER AND LIGHT COMPANY
v.
RUFUS L. EDMISTEN, Attorney General
No. 144.
Supreme Court of North Carolina.
Jan 31, 1977.
232 S.E.2d 200
Rufus L. Edmisten, Attorney General, by Robert P. Gruber, Special Deputy Attorney General. , Edward B. Hipp, Commission Attorney, by Wilson B. Par-tin, Jr., Assistant Commission Attorney, for North Carolina Utilities Commission. , Joyner & Howison by Robert C. Howison, Jr., and William E. Graham, Jr., for Carolina Power & Light Company.
Copeland, Lake, Moore, Sharp.
Cited by 1 opinion  |  Published

Lead Opinion

LAKE, Justice.

For the reasons set forth in State ex rel. Utilities Commission and Duke Power Co. v. Edmisten, Attorney General, supra, the judgment of the Court of Appeals is reversed and this matter is remanded to that court with direction that it issue its judgment further remanding the matter to the North Carolina Utilities Commissions for the entry by the Commission of an order vacating its order authorizing the said surcharge, and directing Carolina Power & Light Company to refund to the users of its service the revenues collected by it from them pursuant to such surcharge.

Reversed and remanded.

Dissent

Justice Copeland

dissenting.

For the reasons set forth in my dissent in State ex rel. Utilities Commission and Duke Power Co. v. Edmisten, Attorney General, I respectfully dissent.

Chief Justice Sharp and Justice Moore join in this dissent.