
    STATE of North Carolina ex rel. Utilities Commission; Duke Energy Corporation; Public Staff - North Carolina Utilities Commission; and Wells Eddleman, Pro se, Petitioners v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC. (Intervenor), Respondent v. DUKE ENERGY CORPORATION.
    No. 135P04.
    Supreme Court of North Carolina.
    August 12, 2004.
    James P. West, Raleigh, for Carolina Utility Customers Assoc.
    Robert Kaylor, Raleigh, Paul R. Newton, William Larry Porter, Clarence W. Walker, Kiran H. Mehta, Charlotte, for Duke Energy Corp.
    Karen E. Long, Special Deputy Attorney General, for State ex rel. Utilities Commission.
    Antoinette R. Wike, Chief Counsel, for Public Staff.
    Wells Eddleman, Pro Se.
    F. Barron Stone, Pro Se.
    ORDER
   Upon consideration of the conditional petition filed on the 13th day of April 2004 by Cross-Appellee (Duke Energy Corporation) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Dismissed as moot by order of the Court in conference, this the 12th day of August 2004."  