North Carolina Statutes

Chapter 117 Electrification

Article 1 - Rural Electrification Authority.

  • § 117-1   Rural Electrification Authority created; appointments; terms of members
    An agency to be known as the North Carolina Rural Electrification Authority is hereby created as an agency of the State of North Carolina, such...
  • § 117-2   Powers
    The purpose of said North Carolina Rural Electrification Authority is to secure electrical service for the rural districts of the State where service is not...
  • § 117-2.1   Additional powers
    In addition to the powers provided in G.S. 117‑2, the Authority is empowered, authorized and directed to make, promulgate and implement plans and programs whereby...
  • § 117-3   Authority not granted power to fix rates or order line extensions; right of suggestion and petition
    The Authority itself shall not be a rate‑making body, and shall have no power to fix the rates or service charges, or to order the...
  • § 117-3.1   Regulatory fee
    (a) Fee imposed. It is the policy of the State of North Carolina to provide fair regulation of electric and telephone membership corporations in the...
  • § 117-4   Organization meeting of Authority; chairman and secretary
    Promptly after their appointment the Authority shall meet and organize at such meeting, and at the first meeting of each year thereafter, the members shall...
  • § 117-5   Compensation and expenses
    All members of the Authority, except the secretary, shall receive as compensation for their services per diem and actual expenses incurred while in the performance...

Article 2 - Electric Membership Corporations.

  • § 117-6   Title of Article
    This Article may be cited as the "Electric Membership Corporation Act." (1935, c. 291, s. 1.)
  • § 117-7   Definitions
    The following terms, whenever used or referred to in this Article, shall have the following meanings, unless a different meaning clearly appears from the context:...
  • § 117-8   Formation in unserved communities; filing application with Rural Electrification Authority
    When any number of persons residing in the community not served, or inadequately served, with electrical energy desire to secure electrical energy for their community...
  • § 117-9   Issuance of privilege for formation of such corporation
    Whenever any such application is made by as many as five members of the community, the North Carolina Rural Electrification Authority shall cause a survey...
  • § 117-10   Formation authorized
    Any number of natural persons not less than three may, by executing, filing and recording a certificate as hereinafter provided, form a corporation not organized...
  • § 117-10.1   Municipal franchises
    An electric membership corporation shall be eligible to receive a franchise pursuant to G.S. 160‑2(6) from any city or town: (1) In which such electric...
  • § 117-10.2   Restriction on municipal service
    Except as otherwise provided in this section, no electric membership corporation shall furnish electric service to, or within the limits of, any incorporated city or...
  • § 117-10.3   Repealed by Session Laws 2007-419, s. 3, effective August 21, 2007
  • § 117-11   Contents of certificate of incorporation
    (a) Required Provisions. The certificate of incorporation shall be entitled and endorsed "Certificate of Incorporation of ______ Electric Membership Corporation" (the blank space being filled...
  • § 117-12   Execution and filing of certificate of incorporation by residents of territory to be served
    The natural persons executing the certificate of incorporation shall be residents of the territory in which the principal operations of the corporation are to be...
  • § 117-13   Board of directors; compensation; president and secretary
    Each corporation formed under this Article shall have a board of directors, in which management of the affairs of the corporation is vested. The directors...
  • § 117-14   Powers of board
    The board shall have power to do all things necessary or convenient in conducting the business of a corporation, including, but not limited to: (1)...
  • § 117-15   Certificates of membership
    A corporation may issue to its members certificates of membership and each member shall be entitled to only one vote at the meetings of the...
  • § 117-16   Corporate purpose; terms and conditions of membership
    The corporate purpose of each corporation formed hereunder shall be to render service to its members only, and no person shall become or remain a...
  • § 117-16.1   Discrimination prohibited
    No electric membership corporation shall, as to rates or services, make or grant any unreasonable preference or advantage to any member or subject any member...
  • § 117-17   General grant of powers
    Each corporation formed under this Article is hereby vested with all power necessary or requisite for the accomplishment of its corporate purpose and capable of...
  • § 117-18   Specific grant of powers
    Subject only to the Constitution of the State, a corporation created under the provisions of this Article shall have power to do any and all...
  • § 117-18.1   Subsidiary business activities
    (a) Electric membership corporations may form, organize, acquire, hold, dispose of, and operate any interest up to and including full controlling interest in separate business...
  • § 117-19   Taxes and assessments
    (a) From and after April 20, 1965, no electric membership corporation heretofore or hereafter organized, reorganized, or domesticated under the provisions of this Chapter shall...
  • § 117-20   Encumbrance, sale, etc., of property
    No corporation may sell, mortgage, lease or otherwise encumber or dispose of any of its property (other than merchandise and property which lie within the...
  • § 117-21   Issuance of bonds
    A corporation formed hereunder shall have power and is hereby authorized, from time to time, to issue its bonds in anticipation of its revenue for...
  • § 117-22   Covenants or agreements for security of bonds
    In connection with the issuance of any bonds, a corporation may make covenants or agreements and do any and all acts or things that a...
  • § 117-23   Purchase and cancellation of bonds
    A corporation shall have power out of any funds available therefor to purchase any bonds issued by it at a price not exceeding the principal...
  • § 117-24   Dissolution
    Any corporation created hereunder may be dissolved by filing, as hereinafter provided, a certificate which shall be entitled and endorsed "Certificate of Dissolution of ______...
  • § 117-25   Amendment of certificate of incorporation
    A corporation created hereunder may amend its certificate of incorporation to change its corporate name, to increase or reduce the number of its directors or...
  • § 117-26   Application for grant or loan from governmental agency
    Whenever any corporation organized hereunder desires to secure a grant or loan from any agency of the United States government now in existence or hereafter...
  • § 117-27   Repealed by Session Laws 1965, c. 287, s. 15

Article 3 - Miscellaneous Provisions.

Article 4 - Telephone Service and Telephone Membership Corporations.

Article 5 - Consolidation and Merger.

  • § 117-41   Consolidation
    (a) Any two or more electric membership corporations or any two or more telephone membership corporations, organized and operating under this Chapter (each of which...
  • § 117-42   Merger
    (a) Any one or more electric membership corporations or any one or more telephone membership corporations, organized and operating under this Chapter (each of which...
  • § 117-43   Filing and recording of articles of consolidation or merger
    Articles of consolidation or merger shall be filed with the Secretary of State, who shall forthwith prepare one or more certified copies thereof and forward...
  • § 117-44   Effect of consolidation or merger
    Upon compliance with the provisions of G.S. 117‑44: (1) a. In the case of a consolidation, the existence of the consolidating corporations shall cease and...
  • § 117-45   Validation
    No provision of Article 5 nor any provision thereof shall, or shall be construed to, express or imply the invalidity or invalidation of the incorporation...

Article 6 - Indemnification.