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Home / Decisions / State of NC, ex rel. NC Utilities Commission, et al. v. Carolina Industrial Group for Fair Utility Rates II, et al.
State of NC, ex rel. NC Utilities Commission, et al. v. Carolina Industrial Group for Fair Utility Rates II, et al.
Filed May 22, 2026

The vote

5–1
Divided
+1 in part
7 of 7 justices participating
Concurring in part, dissenting in part 1 justice Joined part of the ruling, dissented from the rest
Dissent 1 justice Disagreed with the Court’s decision

Lineup parsed from the opinion and verified against the PDF.

Issue

Preservation of issues—general rate case—transmission cost allocation stipulation—no opposition or objection raised

Summary

In a pair of general rate cases where the Utilities Commission approved rate increases for Duke Energy Progress, LLC (DEP) and Duke Energy Carolinas, LLC (DEC), intervenor-appellant Carolina Industrial Group for Fair Utility Rates (CIGFUR) failed to preserve for review its challenge to the Commission's approval of a transmission cost allocation (TCA) stipulation approved by DEP, DEC, and the Public Staff. No party opposed the TCA stipulation during the DEP or DEC evidentiary hearings or raised any objection to it in post-hearing briefing and, additionally, CIGFUR only challenged the TCA stipulation in its appeal in the DEC rate case, yet asked that the stipulation be vacated in both the DEP and DEC matters.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →

The record

DecisionAffirmed
Docket75A24
CountyN.C. Utilities Commission