State Ex Rel. Utilities Commission v. Empire Power Co.

McCRODDEN, Judge.

Petitioner’s appeal, consisting of twelve assignments of error, requires our determination of three issues: (I) whether the Commission’s dismissal of the petition for a CPCN exceeded the constitutional and legislative limits of the Commission’s authority and jurisdiction over petitioner’s application; (II) whether, once the Commission failed to order a hearing within ten days of publication, as required by N.C.G.S. § 62-82(a), the law required it to issue a CPCN to petitioner; and (III) whether the Commission had the authority, jurisdiction, and justification to dismiss…