State Ex Rel. Utilities Commission v. Public Staff

EXUM, Chief Justice.

This is the second appeal from the Commission’s order granting a rate increase to Duke Power Company (Duke). On the first appeal, State ex rel. Utilities Comm. v. Public Staff, 322 N.C. 689, 370 S.E.2d 567 (1988), this Court held the Commission failed to include in its order “material factual findings sufficient in detail to permit meaningful review of its conclusion that 13.4% is a fair return on common equity.” 322 N.C. at 699, 370 S.E.2d at 573. More specifically, the Court held that required factual findings were missing on the extent to which the Commission included…