Lumbee river emc rates7/26/2023 The subdivision is located entirely within territory assigned to the EMC by order of the North Carolina Utilities Commission in 1969. The subdivision is residential in nature and at the time here pertinent was in the early stages of development. Southwest Development Corporation is the owner of the Montibello Subdivision which is located wholly within Cumberland County, contains approximately 521 acres and is located approximately four miles from the corporate limits of the City of Fayetteville. The Public Works Commission is an agency of the city which supervises, plans and operates various public utility services of the city, including the distribution of electric service. The City of Fayetteville is a municipal corporation existing under the laws of North Carolina. North Carolina Electric Membership Corporation (of which Lumbee River EMC is a member) is organized pursuant to the same chapter of the General Statutes and is a bulk, wholesale power supplier of its member cooperatives. Lumbee River Electric Membership Corporation is an electric membership corporation organized pursuant to Chapter 117 of the North Carolina General Statutes and is engaged in the business of furnishing electric service in several southeastern North Carolina counties, including Cumberland County where it serves approximately 3,400 of its members. The sole issue on this appeal is whether Fayetteville's extension of electric service to the Montibello Subdivision was "within reasonable limitations" as that term is utilized in G.S. We have allowed the motion to amend the record on appeal. We will assume that the able and experienced trial *212 judge who heard the motion read the pleadings upon which the motion was based. It was therefore a part of that pleading and thus a part of the record in the case. The affidavit was attached to a formal pleadingthe response. Plaintiffs contend that because the affidavit was not formally presented in evidence, it was not a part of the trial court record. Plaintiffs filed a response to Fayetteville's motion to amend the record to include the affidavit, seeking its denial on the ground that the affidavit was never formally offered into evidence before Judge Braswell at the hearing on the motion for preliminary injunction. The affidavit was not made a part of the record on appeal to the Court of Appeals and therefore was not originally a part of the record before this Court. The affidavit was attached to Fayetteville's response to plaintiffs' motion for a preliminary injunction, and was thus a part of the original record proper on file and available to Judge Braswell at the hearing on the motion for preliminary injunction. Burkhead, Jr., the City of Fayetteville's chief electrical engineer. On the day of the oral argument before this Court, Fayetteville filed a written motion pursuant to Rule 9(b)(6) of the Rules of Appellate Procedure to amend the record on appeal to include the affidavit of Mr. Murray, Raleigh, for amicus curiae, the Towns of Scotland Neck and Shelby and the Cities of Gastonia, Greenville, Newton and Rocky Mount, North Carolina.īefore proceeding with the opinion in chief, it is necessary to dispose of a motion in the cause pending before this Court. Phil Carlton, Raleigh, for defendants-appellants. Deese, Fayetteville, Spruill, Lane, Carlton, McCotter & Jolly by J. Page, Raleigh, for plaintiffs-appellees Lumbee River Elec. ![]() *211 Crisp, Davis & Schwenter, William T. The CITY OF FAYETTEVILLE, the Public Works Commission of the City of Fayetteville, and Southwest Development Corporation of Cumberland County. LUMBEE RIVER ELECTRIC MEMBERSHIP CORPORATION and North Carolina Electric Membership Corporation
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