The N.C. Supreme Court upheld today the N.C. Utilities Commission’s 2013 decision to permit a rate increase for Duke Energy Carolinas customers. The unanimous 6-0 ruling, with no input from newly elected Justice Sam Ervin IV, rejects a challenge from state Attorney General Roy Cooper.
Writing for the court, Justice Barbara Jackson notes:
The Attorney General argues that the Commission’s order is legally deficient because it is not supported by competent, material, and substantial evidence and does not include sufficient findings, reasoning, and conclusions. Specifically, the Attorney General contends that the Commission failed to make findings of fact showing in “meaningful detail” how it “quantified” the impact of changing economic conditions upon customers when determining the proper ROE [return on equity]. We disagree.
