State ex rel. Utilities Commission

VAUGHN, Judge.

Duke made its application for a certificate of public convenience and necessity under G.S. 62-110.1. This regulatory statute was enacted in 1965 to help curb overexpansion of generating facilities beyond the needs of the service area. To this end, the General Assembly used the term “public convenience and necessity” to define the standard to be applied by the Utilities Commission to proposed facilities. In reviewing the Commission’s application of the standard in other regulatory actions, the Court has held that public convenience and necessity is based on an “element of public…