Beverly Lake, Jr., Deputy Attorney General, and Robert P. On April 30, 1974, the Commission issued its Final Order (hereinafter Order) authorizing Southern Bell to increase its annual rates and charges by $8,271,000, effective May 15, 1974. After interventions (including that of the North Carolina Attorney General on behalf of the using and consuming public) the case was heard by the Commission in November and December, 1973. On July 30, 1973, the Commission suspended the effective date of the requested increase until further order of the Commission, declared the case to be a general rate case, and set the matter for hearing. *287Southern Bell filed with the Commission on June 30, 1973, an application seeking approval of an increase in rates for intrastate service in North Carolina in the amount of $33,812,129. 2d 543 (1975) affirming an order of the North Carolina Utilities Commission (hereinafter Commission) in a general rate-making case. Justice Lake did not participate in the consideration or decision of this case.Īppeal of right under General Statute 7A-30(3) by Southern Bell Telephone and Telegraph Company (hereinafter Southern Bell) from decision of the Court of Appeals, 24 N.C. SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANYĪppeal and Error § 9- appeal from Utilities Commission order - subsequent order while appeal pending - appeal mootĭefendant’s appeal from the decision of the Court of Appeals affirming an order of the Utilities Commission in a general rate making case issued on 30 April 1974 is moot where Southern Bell filed a new application for another rate increase while this case was on appeal to the Court of Appeals, and the Commission’s order in that case filed on 19 December 1976 rendered all questions raised in this appeal academic.