Legal Opinion

State Ex Rel. North Carolina Utilities Commission v. Piedmont Natural Gas Co.

Supreme Court of North Carolina

Decided May 3, 1961No. 250PublishedCited by 25 opinions

1Opinion of the CourtHiggins, J.

The right of the State to regulate utility rates springs from the monopolistic character of the business authorized by its franchise. However, the management, operation, and control of the utility are primarily its own business. The purpose of regulation is to protect the public interest and see to it that adequate service is provided at reasonable rates. In return for the franchise, the utility gives up its right to make private rate contracts with its customers, and submits to the regulation of its rates. In exercising regulatory power, the Commission, acting for the State, must be fair…

2Cases cited9 opinions

  1. Smyth v. AmesSupreme Court of the United States · 1898
  2. Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
  3. Railroad Commission v. Houston Natural Gas Corp.Texas Supreme Court · 1956
  4. State ex rel. Utilities Commission v. StateSupreme Court of North Carolina · 1954
  5. Duquesne Light Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1954

4 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. State Ex Rel. Utilities Commission v. General Telephone Co. of the SoutheastSupreme Court of North Carolina · 1972
  2. New England Telephone & Telegraph Co. v. Department of Public UtilitiesMassachusetts Supreme Judicial Court · 1971
  3. Public Service Commission v. Baltimore Gas & Electric Co.Court of Appeals of Maryland · 1974
  4. Rhode Island Consumers' Council v. SmithSupreme Court of Rhode Island · 1973
  5. State Ex Rel. Utilities Commission v. Duke Power Co.Supreme Court of North Carolina · 1974

20 more not listed; retrieve them via the Exa API.

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