State Ex Rel. Utilities Commission v. Public Staff-North Carolina Utilities Commission

MEYER, Justice.

The primary issue presented is whether G.S. § 62434(e) as it existed at the time of the proceedings in question permitted a utility in a fuel clause proceeding to obtain any increase or adjustment in its rates and charges to recover any of its costs or expenses for purchased power. We hold that the statute as it then existed did not permit recovery for any portion of purchased power costs in a fuel clause proceeding and that the cost of purchased power, if recoverable, was recoverable only in the general rate cases. We hold that the Commission erred in CP&L Docket No. E-2, Sub…