In Re Investigation Regarding the Approval & Closing of the Business Combination of Duke Energy Corp. & Progress Energy, Inc.

GEER, Judge.

Proposed intervenor North Carolina Waste Awareness andReduction Network, Inc. (“NC WARN”) appealed two orders of the North Carolina Utilities Commission (1) denying NC WARN’s motion to intervene in an investigation conducted by the Commission and (2) approving a settlement agreement by the parties to the investigation and closing the investigation. The Commission entered an order dismissing that appeal on the grounds that NC WARN lacked standing to appeal. NC WARN has appealed the dismissal order.

We hold that the Commission acted in excess of its jurisdictional authority in…