
    STATE of North Carolina ex rel. Utilities Commission; and Duke Energy Corporation, Respondent v. CAROLINA UTILITY CUSTOMERS ASSOCIATION, INC., Petitioner.
    No. 134P04.
    Supreme Court of North Carolina.
    August 12, 2004.
    James P. West, Raleigh, for Carolina Utility Customers Assoc.
    Robert Kaylor, Raleigh, William Larry Porter, Charlotte, Kodwo Ghartey-Tagoe, for Duke Power Company.
    Karen E. Long, Special Deputy Attorney General, for State ex rel. Utilities Comm.
    Clarence W. Walker, Kiran H. Mehta, Charlotte, for Duke Energy Corporation.
    ORDER
   Upon consideration of the conditional petition filed on the 2nd day of April 2004 by Respondent (State of NC ex rel. Utilities Commission) 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."  