State Ex Rel. Utilities Commission v. NORTH CAROLINA TEXTILE MANUFACTURERS ASSOCIATION, INC

A recital of the evidence is not necessary in this opinion. See the decision of the Court of Appeals in this case for a statement of the facts.

This is a general rate case. The issue is whether the Court of Appeals erred in affirming the Utilities Commission’s failure to determine the reasonable level of fuel expenses used in generation and production of power experienced during the twelvemonth test period. This expense constituted approximately sixty-one percent of the company’s operating and maintenance expenses.

The Commission in this case adopted the fuel costs from the Sub 402 fuel clause…