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Public Utilities – Corporate – Merger – Benefits to Retail Ratepayers – Civil Practice – Appeals — Standing (access required)

In re Application of Duke Energy Corp. (Lawyers Weekly No. 14-07-0193, 30 pp.) (Douglas McCullough, J.) Appealed from the Utilities Commission. N.C. App. Holding: No single document entitled “cost-benefit analysis” was presented by the applicants quantifying the known and potential ...

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Public Utilities – Electricity – Municipal — Agreements for Service – Statutory Construction — G.S. § 160A-331.2(a (access required)

G.S. § 160A-331.2(a) only authorizes electric service agreements between electric utilities and municipalities wherein the parties allocate to each other the right to provide electric service to premises each would not have the right to serve under Article 16 but for the agreement.

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Public Utilities – Satellite TV – Boxing Match – Restaurant Broadcast – Residential Price (access required)

J & J Sports Productions, Inc. v. Jorkay, LLC Although defendants did not realize they were violating 47 U.S.C. § 605 when they ordered the Mayweather/Marquez boxing match through their commercial DirecTV account and then broadcast the fight at their restaurant, defendants paid only the $59.95 residential cost of the program and failed to pay the commercial sublicensing fee required to lawfully show the event at their restaurant. Section 605 imposes strict liability for violations.

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

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.

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

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.

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

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.

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

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.

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

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.

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