State ex rel. Utilities Commission v. Public Staff-North Carolina Utilities Commission

Judge MARTIN (Robert M.)

dissenting.

I respectfully dissent from the majority opinion. In my opinion the holding by the majority that the Commission was and is without authority to include or consider the cost of any portion of purchased power or interchange power in determining a fuel adjustment clause proceeding pursuant to G.S. 62434(e) is clearly erroneous.

In purchase and interchange power transactions there are two components of price paid by the purchasing utility for such purchased and interchange power. One component is the capacity cost, which reflects generating plant, transmission…