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Public Utilities – Power Company – Rate Increase – Return on Investment – Source of Figure – Economic Conditions – Effect on Customers (access required)

By North Carolina Lawyers Weekly Staff
Published: April 16,2013

State ex rel. Utilities Commission v. Cooper Although the 10.5 percent return on equity (ROE) figure chosen by the Utilities Commission is within the range of figures recommended by the witnesses before it, none of the witnesses recommended that specific amount; however, it is the number set out in a nonunanimous stipulation.


Public Utilities – Water & Sewer – Private Utility Sale – Gain on Sale – Allocation to Customers — Municipal (access required)

By North Carolina Lawyers Weekly Staff
Published: January 15,2013

State ex rel. Utilities Commission v. Carolina Water Service, Inc. of North Carolina Since 1994, the Utilities Commission has followed a policy of assigning 100 percent of the gain on sale to shareholders when a private utilities company sells its system to a municipality. In this case, the Commission reasonably chose to make an exception to that policy when a private utility, Carolina Water Service, Inc.


Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

By North Carolina Lawyers Weekly Staff
Published: August 16,2012

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.


Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

By North Carolina Lawyers Weekly Staff
Published: August 16,2012

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.


Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

By North Carolina Lawyers Weekly Staff
Published: August 15,2012

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.


Public Utilities – Telephone Service – Interconnection Agreements – Local Exchange Carriers (access required)

By North Carolina Lawyers Weekly Staff
Published: March 22,2012

New Cingular Wireless PCS LLC d/b/a AT&T Mobility v. Finley In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.


Public Utilities – Telecommunications Act – Wholesale Rates – Retail Promotional Rates (access required)

By North Carolina Lawyers Weekly Staff
Published: February 29,2012

dPi Teleconnect, L.L.C. v. Finley Under the Telecommunications Act of 1996, the N.C. Utilities Commission requires AT&T North Carolina to sell interconnections to competitive local exchange carriers (CLECs) – like plaintiff – for 21 percent less than AT&T North Carolina’s retail rate. When AT&T North Carolina offers its retail customers a promotional rate for more than 90 days, it is required to sell interconnections to CLECs at the promotional rate, less 21 percent.


Public Utilities – Telecommunications – Administrative – Standing – Billing Agent (access required)

By North Carolina Lawyers Weekly Staff
Published: December 15,2011

CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit.


Public Utilities – Power Companies – Environmental – Renewable Energy – Biomass – Primary Harvest Tress (access required)

By North Carolina Lawyers Weekly Staff
Published: August 4,2011

State ex rel. Utilities Commission v. Environmental Defense Fund G.S. § 62-133.8(a) defines “renewable energy resource” to include “a biomass resource, including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane.” This definition includes primary harvest trees. We affirm the Utilities Commission’s approval of Duke Energy Carolinas, LLC’s application to register two of its thermal electric generating stations - where a blend of wood chips and coal were used as fuel — as renewable energy facilities.


Public Utilities – Municipal – Pole Attachment – ‘Refusal to Negotiate’ Claim – First Impression (access required)

By North Carolina Lawyers Weekly Staff
Published: July 13,2011

Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis G.S. § 62-350 requires a town that owns utility poles to negotiate in good faith with utility providers who wish to attach their cables to the town’s utility poles; in this case, plaintiff has made no showing that the town failed to do so. The town is entitled to partial summary judgment on plaintiff’s claim that the town refused to negotiate. The town’s motion for partial summary judgment is denied as to plaintiff’s claim that the town violated the nondiscrimination requirements of G.S. § 62-350.



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