State ex rel. Utilities Commission v. Thornburg

MARTIN, Judge.

The primary issue presented by this appeal involves the Utilities Commission’s interpretation of G.S. 62-133.2(d). Basically stated, the question is whether, by enacting G.S. 62133.2(d), the General Assembly modified the judicially adopted rule prohibiting retroactive ratemaking, heretofore extant in this State, so as to authorize the Utilities Commission to employ an Experience Modification Factor (EMF) in connection with an electric utility’s fuel charge adjustment proceedings in order to provide for a “true-up” of the utility’s past over-recoveries or under-recoveries of fuel…