Opinion
No. 7410UC39
Filed 3 April 1974
Utilities Commission 5 — water and sewer utilities — rate case Order of the Utilities Commission in a rate case involving five water and sewer utilities in Mecklenburg County is affirmed.
APPEAL by five of the applicants from an order of the North Carolina Utilities Commission issued 29 July 1973 in Docket Nos. W-192, Sub 2; W-191, Sub 2; W-167, Sub 1; W-193, Sub 1; W-194, Sub 2; and W-181, Sub 3. Argued in the Court of Appeals 19 February 1974.
Edward B. Hipp, Commission Attorney, and E. Gregory Stott, Associate Commission Attorney, for the North Carolina Utilities Commission.
Mraz, Aycock, Casstevens Davis, by John A. Mraz, for the five applicants.
Judge MORRIS dissenting.
Each of the applicants, with the exception of Providence Utilities, Inc., is a water and sewer utility serving various franchise areas in Mecklenburg County. Providence Utilities, Inc. provides only sewer service in its franchise area. Each of the applicants is a wholly owned subsidiary of The Ervin Company. By order issued 14 June 1972, the Utilities Commission consolidated the six applications for hearing, and declared these proceedings to be general rate cases pursuant to G.S. 62-137.
These are general rate cases and have been so declared by the Commission pursuant to G.S. 62-137. See G.S. 7A-30 (3).
The order of the Utilities Commission does not apply to the applicant, Sharon Utilities, Inc., Docket No. W-193, Sub 1. That utility has transferred its system to the City of Charlotte and its certificate has been cancelled.
Each of applicants' assignments of error has been considered and is overruled. The order of the North Carolina Utilities Commission is affirmed.
Judge CARSON concurs.
Judge MORRIS dissents.