State ex rel. N.C. Utils. Comm'n v. Carolina Indus. Grp. for Fair Util. Rates III

Summary

The Court upheld the Commission’s approval of Duke Energy Progress’s and Duke Energy Carolinas’s performance-based rate plans. It concluded that the Commission properly interpreted the performance-based regulation statute, adequately supported its factual determinations with competent, material, and substantial evidence, and acted within its authority in approving the challenged rate mechanisms and capital projects. The Court also held that the challenge to the transmission cost allocation stipulation was unpreserved; the opinion text is truncated before the Court’s final disposition, so the disposition is reported as other.