In re Duke Energy Carolinas, LLC's Advance Notice of Purchase Power Agreement. Duke Energy proposed selling energy to the S.C. town of Orangeburg, and the N.C. Utilities Commission ruled on the proposal. Duke and Orangeburg appealed, but then Orangeburg voluntarily withdrew from the proposed energy contract. This appeal is moot, and we decline to address the commission's ruling under either the public interest or the "capable of repetition, yet evading review" doctrines. Appeal dismissed.
Cape Fear Public Utility Authority v. Costa. (Lawyers Weekly No. 10-07-0659, 17 pp.) (Donna S. Stroud, J.) (Cheri Beasley, J., dissenting) Appealed from New Hanover County Superior Court. (Paul G. Gessner, J.) N.C. App. Holding: Expert testimony from an attorney and a surveyor was inadmissible in a dispute over the existence of a sewer easement [...]
Andresen v. Progress Energy, Inc. (Lawyers Weekly No. 10-16-0481, 9 pp.) (Barbara Jackson, J.) Appealed from Brunswick County Superior Court. (Ola M. Lewis, J.) N.C. App. Unpub. Holding: Even though defendant has a duty to periodically inspect its accessible power lines, plaintiffs failed to show that defendant has a duty to periodically dig up and [...]
State ex rel. Utilities Commission v. Town of Kill Devil Hills. (Lawyers Weekly No. 09-06-1128, 2 pp.) (Per Curiam) From the Court of Appeals. N.C. S. Ct. Holding: Where our Court of Appeals held, Even though G.S. Sect. 62-106 – enacted in 1991 – explicitly says the Utilities Commission has the power to preempt local [...]
State ex rel. Utilities Commission v. Town of Kill Devil Hills. (Lawyers Weekly No. 09-07-0002, 27 pp.) (Robert Hunter, J.) (Barbara Jackson, J., dissenting) Appealed from the Utilities Commission. N.C. App. Holding: Even though G.S. 62-106 – enacted in 1991 – explicitly says the Utilities Commission has the power to preempt local ordinances to allow [...]
Novo Nordisk Pharmaceutical Industries v. Carolina Power & Light Co. (Lawyers Weekly No. 08-15-1109, 15 pp.) (John R. Jolly Jr., J.) N.C. Bus. Ct. Holding: A contract’s near elimination of liability for a power company and its subcontractors is upheld because the contract was approved by the N.C. Utilities Commission; therefore, the contract is protected [...]
Where the Progress Energy met its initial burden of proving that it had examined alternative routes and that its preferred route was reasonable and in the public interest, the Utilities Commission properly assigned to the intervenors the burden of proving that “an alternative route studied by the utility is preferable to that proposed or that [...]