{ "id": 8552322, "name": "STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION; DUKE POWER COMPANY; CITY OF DURHAM; and HOUSTON V. BLAIR v. ROBERT MORGAN, Attorney General", "name_abbreviation": "State ex rel. Utilities Commission v. Morgan", "decision_date": "1972-11-22", "docket_number": "No. 7210UC620", "first_page": "453", "last_page": "455", "citations": [ { "type": "official", "cite": "16 N.C. App. 453" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [], "analysis": { "cardinality": 252, "char_count": 4180, "ocr_confidence": 0.499, "sha256": "1fce84b56c236926682e1b92944cee4af0f6dbe7b5945904f3ae87863dc5e16a", "simhash": "1:c754b2ca015d37f8", "word_count": 667 }, "last_updated": "2023-07-14T16:27:31.279819+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Judges Campbell and Parker concur." ], "parties": [ "STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION; DUKE POWER COMPANY; CITY OF DURHAM; and HOUSTON V. BLAIR v. ROBERT MORGAN, Attorney General" ], "opinions": [ { "text": "MORRIS, Judge.\nBy this appeal appellant does not challenge validity of the final order entered 31 January 1972 and challenges only validity of the order entered 30 June 1971 allowing the initially requested rate increase of 7.10% to go into effect pending final determination of the case, on condition that any amounts ultimately determined excessive must be refunded. This appeal thus presents the identical question as was presented in the case decided by this Court concurrently herewith entitled \u201cState of North Carolina ex rel. Utilities Commission and Carolina Power & Light Company v. Robert Morgan, Attorney General,\u201d with which case this case was consolidated for purposes of oral argument in the Court of Appeals.\nFor the reasons stated in the opinion filed in the companion case, the actions and orders of the Utilities' Commission appealed from in this case are\nAffirmed.\nJudges Campbell and Parker concur.", "type": "majority", "author": "MORRIS, Judge." } ], "attorneys": [ "Attorney General Robert Morgan by Deputy Attorney Gem eral Jean A. Benoy, for the Using and Consuming Public, appellant.", "William H. Grigg, Steve C. Griffith, Jr., and Clarence W. Walker for Duke Power Company, appellee.", "Commission Attorney Edward B. Hipp and Assistant Commission Attorneys Maurice W. Horne, and William E. Anderson for North Carolina Utilities Commission." ], "corrections": "", "head_matter": "STATE OF NORTH CAROLINA ex rel. UTILITIES COMMISSION; DUKE POWER COMPANY; CITY OF DURHAM; and HOUSTON V. BLAIR v. ROBERT MORGAN, Attorney General\nNo. 7210UC620\n(Filed 22 November 1972)\nAppeal by Attorney General from order of the North Carolina Utilities Commission dated 30 June 1971, affirmed in Commission order dated 31 January 1972.\nOn 28 April 1971, Duke Power Company (Duke) filed application with the North Carolina Utilities Commission (Commission) for authority to increase by 7.10% its electric rates. The application included a request that the rates be placed into effect immediately, without suspension, subject to Duke\u2019s undertaking- to refund, with interest, any amounts by which such rates exceeded the amount finally determined to be just and reasonable. On 7 May 1971, the Commission issued its order finding the proposed increase to be a general rate increase, setting the matter for hearings beginning 12 October 1971, suspending the proposed rates for a period of 270 days pursuant to G.S. 62-134 \u201cunless otherwise determined by order of the Commission,\u201d and set for hearing on 15 June 1971 Duke\u2019s request that the rates be made effective immediately subject to refund. After due notice, the public hearing was held on 15 June 1971 as scheduled on Duke\u2019s petition for immediate relief. On 80 June 1971, the Commission issued its order finding that Duke had shown \u201cgood and sufficient cause in writing and through hearing and exhibits, reduced to writing, to allow the interim emergency change in rates as requested without making the usual 30 days\u2019 notice,\u201d and finding further that the granting of the interim emergency relief \u201cis in the public interest.\u201d Accordingly, the Commission withdrew and canceled its original denial of Duke\u2019s request that the proposed rate increase become immediately effective and allowed the new rates to become effective on all sales and services made and rendered by Duke on and after 1 July 1971, conditioned on Duke\u2019s undertaking to refund, with interest, any amount not ultimately allowed after the full evidentiary hearings.\nOn 30 July 1971, the Attorney General filed a petition for writ of certiorari requesting this Court to review the Commission\u2019s order of 30 June 1971. The petition was denied by this Court on 11 August 1971.\nOn 11 August 1971, Duke amended its original application to increase the proposed rate increase to 11.75% in lieu of the 7.10% increase originally requested. Public hearings were held on the amended application from 12 October through 21 October 1971. On 31 January 1972, the Commission entered its final order allowing a modified increase in rates of 8.93 % which the Commission found to be just and reasonable, such increase including the 7.10% increase allowed by the order of 30 June 1971.\nFollowing entry of the final order of the Commission on 31 January 1972, the Attorney General appealed.\nAttorney General Robert Morgan by Deputy Attorney Gem eral Jean A. Benoy, for the Using and Consuming Public, appellant.\nWilliam H. Grigg, Steve C. Griffith, Jr., and Clarence W. Walker for Duke Power Company, appellee.\nCommission Attorney Edward B. Hipp and Assistant Commission Attorneys Maurice W. Horne, and William E. Anderson for North Carolina Utilities Commission." }, "file_name": "0453-01", "first_page_order": 477, "last_page_order": 479 }