Chapter 62 Public Utilities
Article 1 - General Provisions.
- § 62-1 Short title
This Chapter shall be known and may be cited as the Public Utilities Act. (1963, c. 1165, s. 1.)
- § 62-2 Declaration of policy
(a) Upon investigation, it has been determined that the rates, services and operations of public utilities as defined herein, are affected with the public interest...
- § 62-3 Definitions
As used in this Chapter, unless the context otherwise requires, the term: (1) "Broadband service" means any service that consists of or includes a high‑speed...
- § 62-4 Applicability of Chapter
This Chapter shall not terminate the preexisting Commission or appointments thereto, or any certificates, permits, orders, rules or regulations issued by it or any other...
- § 62-5 through 62-9 Reserved for future codification purposes
Article 2 - Organization of Utilities Commission.
- § 62-10 Number; appointment; terms; qualifications; chairman; vacancies; compensation; other employment prohibited
(a) The North Carolina Utilities Commission shall consist of seven commissioners who shall be appointed by the Governor subject to confirmation by the General Assembly...
- § 62-11 Oath of office
Each utilities commissioner before entering upon the duties of his office shall file with the Secretary of State his oath of office to support the...
- § 62-12 Organization of Commission; adoption of rules and regulations therefor
To facilitate the work of the Commission and for administrative purposes, the chairman of the Commission, with the consent and approval of the Commission, may...
- § 62-13 Chairman to direct Commission
(a) The chairman shall be the chief executive and administrative officer of the Commission. (b) The chairman shall determine whether matters pending before the Commission...
- § 62-14 Commission staff; structure and function
(a) The Commission is authorized and empowered to employ hearing examiners; court reporters; a chief clerk and deputy clerk; a commission attorney and assistant commission...
- § 62-15 Office of executive director; public staff, structure and function
(a) There is established in the Commission the office of executive director, whose salary and longevity pay shall be the same as that fixed for...
- § 62-16 Repealed by Session Laws 1977, c. 468, s. 5
- § 62-17 Annual reports; monthly or quarterly release of certain information; publication of procedural orders and decisions
(a) It shall be the duty of the Commission to make and publish annual reports to the Governor of Commission activities, including copies of its...
- § 62-18 Records of receipts and disbursements; payment into treasury
(a) The Commission shall keep a record showing in detail all receipts and disbursements. (b) Except as provided in G.S. 62‑110.3, all license fees and...
- § 62-19 Public record of proceedings; chief clerk; seal
(a) The Commission shall keep in the office of the chief clerk at all times a record of its official acts, rulings, orders, decisions, and...
- § 62-20 Participation by Attorney General in Commission proceedings
The Attorney General may intervene, when he deems it to be advisable in the public interest, in proceedings before the Commission on behalf of the...
- § 62-21 Repealed by Session Laws 1977, c. 468, s. 9
- § 62-22 Utilities Commission and Department of Revenue to coordinate facilities for rate making and taxation purposes
The Commission, at the request of the Department of Revenue, shall make available to the Department of Revenue the services of such of the personnel...
- § 62-23 Commission as an administrative board or agency
The Commission is hereby declared to be an administrative board or agency of the General Assembly created for the principal purpose of carrying out the...
- § 62-24 through 62-29 Reserved for future codification purposes
Article 3 - Powers and Duties of Utilities Commission.
- § 62-30 General powers of Commission
The Commission shall have and exercise such general power and authority to supervise and control the public utilities of the State as may be necessary...
- § 62-31 Power to make and enforce rules and regulations for public utilities
The Commission shall have and exercise full power and authority to administer and enforce the provisions of this Chapter, and to make and enforce reasonable...
- § 62-32 Supervisory powers; rates and service
(a) Under the rules herein prescribed and subject to the limitations hereinafter set forth, the Commission shall have general supervision over the rates charged and...
- § 62-33 Commission to keep informed as to utilities
The Commission shall at all times keep informed as to the public utilities, their rates and charges for service, and the service supplied and the...
- § 62-34 To investigate companies under its control; visitation and inspection
(a) The Commission shall from time to time visit the places of business and investigate the books and papers of all public utilities to ascertain...
- § 62-35 System of accounts
(a) The Commission may establish a system of accounts to be kept by the public utilities under its jurisdiction, or may classify said public utilities...
- § 62-36 Reports by utilities; canceling certificates for failure to file
The Commission may require any public utility to file annual reports in such form and of such content as the Commission may require and special...
- § 62-36A Natural gas planning
(a) The Commission shall require each franchised natural gas local distribution company to file reports with the Commission detailing its plans for providing natural gas...
- § 62-36B Regulation of natural gas service agreements
Whenever the Commission, after notice and hearing, finds that additional natural gas service agreements (including "backhaul" agreements) with interstate or intrastate pipelines will provide increased...
- § 62-37 Investigations
(a) The Commission may, on its own motion and whenever it may be necessary in the performance of its duties, investigate and examine the condition...
- § 62-38 Power to regulate public utilities in municipalities
The Commission shall have the same power and authority to regulate the operation of privately owned public utilities within municipalities as it has to regulate...
- § 62-39 To regulate crossings of telephone, telegraph, electric power lines and pipelines and rights-of-way of railroads and other utilities by another utility
(a) The Commission, upon its own motion or upon petition of any public utility or upon petition of the North Carolina Rural Electrification Authority on...
- § 62-40 To hear and determine controversies submitted
When a public utility embraced in this Chapter has a controversy with another person and all the parties to such controversy agree in writing to...
- § 62-41 To investigate accidents involving public utilities; to promote general safety program
The Commission may conduct a program of accident prevention and public safety covering all public utilities with special emphasis on highway safety and transport safety...
- § 62-42 Compelling efficient service, extensions of services and facilities, additions and improvements
(a) Except as otherwise limited in this Chapter, whenever the Commission, after notice and hearing had upon its own motion or upon complaint, finds: (1)...
- § 62-43 Fixing standards, classifications, etc.; testing service
(a) The Commission may, after notice and hearing, had upon its own motion or upon complaint, ascertain and fix just and reasonable standards, classifications, regulations,...
- § 62-44 Commission may require continuous telephone lines
The Commission may, upon its own motion or upon written complaint by any person, after notice and hearing, require any two or more telephone or...
- § 62-45 Determination of cost and value of utility property
The Commission, after notice and hearing, may ascertain and fix the cost or value, or both, of the whole or any part of the property...
- § 62-46 Water gauging stations
The Commission may require the location, establishment, maintenance and operation of any water gauging station which it finds is needed in the State over and...
- § 62-47 Reports from municipalities operating own utilities
Every municipality furnishing gas, electricity or telephone service shall make an annual report to the Commission, verified by the oath of the general manager or...
- § 62-48 Appearance before courts and agencies
(a) The Commission is authorized and empowered to initiate or appear in such proceedings before federal and State courts and agencies as in its opinion...
- § 62-49 Publication of utilities laws
The Commission is authorized and directed to secure publication of all North Carolina laws affecting public utilities, together with the Commission rules and regulations, in...
- § 62-50 Safety standards for gas pipeline facilities
(a) The Commission may promulgate and adopt safety standards for the operation of natural gas pipeline facilities in North Carolina. These safety standards shall apply...
- § 62-51 To inspect books and records of corporations affiliated with public utilities
Members of the Commission, Commission staff, and public staff are hereby authorized to inspect the books and records of corporations affiliated with public utilities regulated...
- § 62-52 Interruption of service
The Utilities Commission may adopt appropriate rules and regulations which would allow public utilities to temporarily interrupt service when a structure is moved by the...
- § 62-53 Electric membership corporation subsidiaries
In addition to any other authority granted to the Commission in this Chapter, the Commission shall have the authority to regulate electric membership corporations as...
- § 62-54 Notification of opportunity to object to telephone solicitation
The Commission shall require each local exchange company and each competing local provider certified to do business in North Carolina to notify all telephone subscribers...
- § 62-55 through 62-59 Reserved for future codification purposes
Article 4 - Procedure Before the Commission.
- § 62-60 Commission acting in judicial capacity; administering oaths and hearing evidence; decisions; quorum
For the purpose of conducting hearings, making decisions and issuing orders, and in formal investigations where a record is made of testimony under oath, the...
- § 62-60.1 Commission to sit in panels of three
(a) The Utilities Commission shall sit in panels of three commissioners each unless the chairman by order shall set the proceeding for hearing by the...
- § 62-61 Witnesses; production of papers; contempt
The Commission shall have the same power to compel the attendance of witnesses, require the examination of persons and parties, and compel the production of...
- § 62-62 Issuance and service of subpoenas
All subpoenas for witnesses to appear before the Commission, a division of the Commission or a hearing commissioner or examiner and notice to persons or...
- § 62-63 Service of process and notices
The chief clerk, a deputy clerk, or any authorized agent of the Commission may serve any notice issued by it and his return thereof shall...
- § 62-64 Bonds
All bonds or undertakings required to be given by any of the provisions of this Chapter shall be payable to the State of North Carolina,...
- § 62-65 Rules of evidence; judicial notice
(a) When acting as a court of record, the Commission shall apply the rules of evidence applicable in civil actions in the superior court, insofar...
- § 62-66 Depositions
The Commission or any party to a proceeding may take and use depositions of witnesses in the same manner as provided by law for the...
- § 62-67 Repealed by Session Laws 1981, c. 193, s. 1
- § 62-68 Use of affidavits
At any time, 10 or more days prior to a hearing or a continued hearing, any party or the Commission may send by registered or...
- § 62-69 Stipulations and agreements; prehearing conference
(a) In all contested proceedings the Commission, by prehearing conferences and in such other manner as it may deem expedient and in the public interest,...
- § 62-70 Ex parte communications
(a) In all matters and proceedings pending on the Commission's formal docket, with adversary parties of record, all communications or contact of any nature whatsoever...
- § 62-71 Hearings to be public; record of proceedings
(a) All formal hearings before the Commission, a panel of three commissioners, a commissioner or an examiner shall be public, and shall be conducted in...
- § 62-72 Commission may make rules of practice and procedure
Except as otherwise provided in this Chapter, the Commission is authorized to make and promulgate rules of practice and procedure for the Commission hearings. (1949,...
- § 62-73 Complaints against public utilities
Complaints may be made by the Commission on its own motion or by any person having an interest, either direct or as a representative of...
- § 62-74 Complaints by public utilities
Any public utility shall have the right to complain on any of the grounds upon which complaints are allowed to be filed by other parties,...
- § 62-75 Burden of proof
Except as otherwise limited in this Chapter, in all proceedings instituted by the Commission for the purpose of investigating any rate, service, classification, rule, regulation...
- § 62-76 Hearings by Commission, panel of three commissioners, single commissioner, or examiner
(a) Except as otherwise provided in this Chapter, any matter requiring a hearing shall be heard and decided by the Commission or shall be referred...
- § 62-77 Recommended decision of panel of three commissioners, single commissioner or examiner
Any report, order or decision made or recommended by a panel of three commissioners, commissioner or examiner with respect to any matter referred for hearing...
- § 62-78 Proposed findings, briefs, exceptions, orders, expediting cases, and other procedure
(a) Prior to each decision or order by the Commission in a proceeding initially heard by it and prior to any recommended decision or order...
- § 62-79 Final orders and decisions; findings; service; compliance
(a) All final orders and decisions of the Commission shall be sufficient in detail to enable the court on appeal to determine the controverted questions...
- § 62-80 Powers of Commission to rescind, alter or amend prior order or decision
The Commission may at any time upon notice to the public utility and to the other parties of record affected, and after opportunity to be...
- § 62-81 Special procedure in hearing and deciding rate cases
(a) All cases or proceedings, declared to be or properly classified as general rate cases under G.S. 62‑137, or any proceedings which will substantially affect...
- § 62-82 Special procedure on application for certificate for generating facility; appeal from award order
(a) Notice of Application for Certificate for Generating Facility; Hearing; Briefs and Oral Arguments. Whenever there is filed with the Commission an application for a...
- § 62-83 through 62-89 Reserved for future codification purposes
Article 5 - Review and Enforcement of Orders.
- § 62-90 Right of appeal; filing of exceptions
(a) Any party to a proceeding before the Commission may appeal from any final order or decision of the Commission within 30 days after the...
- § 62-91 Appeal docketed; title on appeal; priorities on appeal
Unless otherwise provided by the rules of appellate procedure, the cause on appeal from the Utilities Commission shall be entitled "State of North Carolina ex...
- § 62-92 Parties on appeal
In any appeal to the appellate division of the General Court of Justice, the complainant in the original complaint before the Commission shall be a...
- § 62-93 No evidence admitted on appeal; remission for further evidence
No evidence shall be received at the hearing on appeal but if any party shall satisfy the court that evidence has been discovered since the...
- § 62-94 Record on appeal; extent of review
(a) On appeal the court shall review the record and the exceptions and assignments of error in accordance with the rules of appellate procedure, and...
- § 62-95 Relief pending review on appeal
Pending judicial review, the Commission is authorized, where it finds that justice so requires, to postpone the effective date of any action taken by it....
- § 62-96 Appeal to Supreme Court
Appeals of final orders of the Utilities Commission to the Supreme Court are governed by Article 5 of General Statutes Chapter 7A. In all appeals...
- § 62-97 Judgment on appeal enforced by mandamus
In all cases in which, upon appeal, an order or decision of the Commission is affirmed, in whole or in part, the appellate court shall...
- § 62-98 Peremptory mandamus to enforce order, when no appeal
(a) If no appeal is taken from an order or decision of the Commission within the time prescribed by law and the person to which...
- § 62-99 Repealed by Session Laws 1967, c. 1190, s. 5
Article 5A - Siting of Transmission Lines.
- § 62-100 Definitions
As used in this Article: (1) The term "begin to construct" includes any clearing of land, excavation, or other action that would adversely affect the...
- § 62-101 Certificate to construct transmission line
(a) No public utility or any other person may begin to construct a new transmission line without first obtaining from the Commission a certificate of...
- § 62-102 Application for certificate
(a) An applicant for the certificate described in G.S. 62‑101 shall file an application with the Commission containing the following information: (1) The reasons the...
- § 62-103 Parties
(a) The following persons shall be parties to a certification proceeding under this Article: (1) The applicant; (2) The Public Staff. (b) The following persons...
- § 62-104 Hearings
(a) The Commission shall schedule a hearing upon each application filed under this Article not more than 120 days after the filing and shall conclude...
- § 62-105 Burden of proof; decision
(a) The burden of proof is on the applicant in all cases under this Article, except that any party proposing an alternative location for the...
- § 62-106 Effect of local ordinances
Within 30 days after receipt of notice of an application as provided by G.S. 62‑102, a municipality or county shall file with the Commission and...
- § 62-107 Rules
Pursuant to G.S. 62‑31, the Commission may adopt rules to carry out the purposes of this Article. In addition, the Commission shall adopt rules requiring...
- § 62-108 Reserved for future codification purposes
- § 62-109 Reserved for future codification purposes
Article 6 - The Utility Franchise.
- § 62-110 Certificate of convenience and necessity
(a) Except as provided for bus companies in Article 12 of this Chapter, no public utility shall hereafter begin the construction or operation of any...
- § 62-110.1 Certificate for construction of generating facility; analysis of long-range needs for expansion of facilities; ongoing review of construction costs; inclusion of approved construction costs in rates
(a) Notwithstanding the proviso in G.S. 62‑110, no public utility or other person shall begin the construction of any steam, water, or other facility for...
- § 62-110.2 Electric service areas outside of municipalities
(a) As used in this section, unless the context otherwise requires, the term: (1) "Premises" means the building, structure, or facility to which electricity is...
- § 62-110.3 Bond required for water and sewer companies
(a) No franchise may be granted to any water or sewer utility company until the applicant furnishes a bond, secured with sufficient surety as approved...
- § 62-110.4 Alternative Operator Services
The Commission shall not issue a certificate of public convenience and necessity pursuant to G.S. 62‑110(b) to any interexchange carrier which the Commission has determined...
- § 62-110.5 Commission may exempt certain nonprofit and consumer-owned water or sewer utilities
The Commission may exempt any water or sewer utilities owned by nonprofit membership or consumer‑owned corporations from regulation under this Chapter, subject to those conditions...
- § 62-110.6 Rate recovery for construction costs of out-of-state electric generating facilities
(a) The Commission shall, upon petition of a public utility, determine the need for and, if need is established, approve an estimate of the construction...
- § 62-110.7 Project development cost review for a nuclear facility
(a) For purposes of this section, "project development costs" mean all capital costs associated with a potential nuclear electric generating facility incurred before (i) issuance...
- § 62-111 Transfers of franchises; mergers, consolidations and combinations of public utilities
(a) No franchise now existing or hereafter issued under the provisions of this Chapter other than a franchise for motor carriers of passengers shall be...
- § 62-112 Effective date, suspension and revocation of franchises; dormant motor carrier franchises
(a) Franchises shall be effective from the date issued unless otherwise specified therein, and shall remain in effect until terminated under the terms thereof, or...
- § 62-113 Terms and conditions of franchises
(a) Each franchise shall specify the service to be rendered and the routes over which, the fixed termini, if any, between which, and the intermediate...
- § 62-114 Repealed by Session Laws 1995, c. 523, s. 5
- § 62-115 Issuance of partnership franchises
No franchise shall be issued under this Article to two or more persons until such persons have executed a partnership agreement, filed a copy of...
- § 62-116 Issuance of temporary or emergency authority
(a) Upon the filing of an application in good faith for a franchise, the Commission may in its discretion, after notice by regular mail to...
- § 62-117 Same or similar names prohibited
No public utility holding or operating under a franchise issued under this Chapter shall adopt or use a name used by any other public utility,...
- § 62-118 Abandonment and reduction of service
(a) Upon finding that public convenience and necessity are no longer served, or that there is no reasonable probability of a public utility realizing sufficient...
Article 6A - Radio Common Carriers.
Article 7 - Rates of Public Utilities.
- § 62-130 Commission to make rates for public utilities
(a) The Commission shall make, fix, establish or allow just and reasonable rates for all public utilities subject to its jurisdiction. A rate is made,...
- § 62-131 Rates must be just and reasonable; service efficient
(a) Every rate made, demanded or received by any public utility, or by any two or more public utilities jointly, shall be just and reasonable....
- § 62-132 Rates established under this Chapter deemed just and reasonable; remedy for collection of unjust or unreasonable rates
The rates established under this Chapter by the Commission shall be deemed just and reasonable, and any rate charged by any public utility different from...
- § 62-133 How rates fixed
(a) In fixing the rates for any public utility subject to the provisions of this Chapter, other than bus companies, motor carriers and certain water...
- § 62-133.1 Small water and sewer utility rates
(a) In fixing the rates for any water or sewer utility, the Commission may fix such rates on the ratio of the operating expenses to...
- § 62-133.2 Fuel and fuel-related charge adjustments for electric utilities
(a) The Commission shall permit an electric public utility that generates electric power by fossil fuel or nuclear fuel to charge an increment or decrement...
- § 62-133.3 Repealed by Session Laws 1995, c. 27, s. 5
- § 62-133.4 Gas cost adjustment for natural gas local distribution companies
(a) Rate changes for natural gas local distribution companies occasioned by changes in the cost of natural gas supply and transportation may be determined under...
- § 62-133.5 Alternative regulation, tariffing, and deregulation of telecommunications utilities
(a) Any local exchange company, subject to the provisions of G.S. 62‑110(f1), that is subject to rate of return regulation pursuant to G.S. 62‑133 or...
- § 62-133.6 Environmental compliance costs recovery
(a) As used in this section: (1) "Coal‑fired generating unit" means a coal‑fired generating unit, as defined by 40 Code of Federal Regulations 96.2 (July...
- § 62-133.7 Customer usage tracking rate adjustment mechanisms for natural gas local distribution company rates
In setting rates for a natural gas local distribution company in a general rate case proceeding under G.S. 62‑133, the Commission may adopt, implement, modify,...
- § 62-133.8 Renewable Energy and Energy Efficiency Portfolio Standard (REPS)
(a) Definitions. As used in this section: (1) "Combined heat and power system" means a system that uses waste heat to produce electricity or useful,...
- § 62-133.9 Cost recovery for demand-side management and energy efficiency measures
(a) The definitions set out in G.S. 62‑133.8 apply to this section. As used in this section, "new," used in connection with demand‑side management or...
- § 62-134 Change of rates; notice; suspension and investigation
(a) Unless the Commission otherwise orders, no public utility shall make any changes in any rate which has been duly established under this Chapter, except...
- § 62-135 Temporary rates under bond
(a) Notwithstanding an order of suspension of an increase in rates, any public utility except a common carrier may, subject to the provisions of subsections...
- § 62-136 Investigation of existing rates; changing unreasonable rates; certain refunds to be distributed to customers
(a) Whenever the Commission, after a hearing had after reasonable notice upon its own motion or upon complaint of anyone directly interested, finds that the...
- § 62-137 Scope of rate case
In setting a hearing on rates upon its own motion, upon complaint, or upon application of a public utility, the Commission shall declare the scope...
- § 62-138 Utilities to file rates, service regulations and service contracts with Commission; publication; certain telephone service prohibited
(a) Under such rules as the Commission may prescribe, every public utility, except as permitted under G.S. 62‑134(h) and (j): (1) Shall file with the...
- § 62-139 Rates varying from schedule prohibited; refunding overcharge; penalty
(a) No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect or receive from any person a greater or less compensation...
- § 62-140 Discrimination prohibited
(a) No public utility shall, as to rates or services, make or grant any unreasonable preference or advantage to any person or subject any person...
- § 62-141 Long and short hauls
(a) Except when expressly permitted by the Commission, it shall be unlawful for any common carrier to charge or receive any greater compensation in the...
- § 62-142 Contracts as to rates
All contracts and agreements between public utilities as to rates shall be submitted to the Commission for inspection that it may be seen whether or...
- § 62-143 Schedule of rates to be evidence
The schedule of rates fixed by statute or under this Article, in suits brought against any public utility involving the rates of a public utility...
- § 62-144 Free transportation
(a) All common carriers under the supervision of the Commission shall furnish free transportation to the members of the Commission, and, upon written authority of...
- § 62-145 Rates between points connected by more than one route
When there is more than one route between given points in North Carolina, and freight is routed or directed by the shipper or consignee to...
- § 62-146 Rates and service of motor common carriers of property
(a) It shall be the duty of every common carrier of household goods by motor vehicle to provide safe and adequate service, equipment, and facilities...
- § 62-146.1 Rates and service of bus companies
(a) It shall be the duty of every bus company to provide safe and adequate service, equipment and facilities for transportation of passengers in intrastate...
- § 62-147 Repealed by Session Laws 1995, c. 523, s. 10
- § 62-148 Rates on leased or controlled utility
If any public utility operating in the State other than a motor carrier is owned, controlled or operated by lease or other agreement by any...
- § 62-149 Unused tickets to be redeemed
Whenever any ticket is sold and is not wholly used by the purchaser, it shall be the duty of the carrier selling such ticket to...
- § 62-150 Ticket may be refused intoxicated person; penalty for prohibited entry
The ticket agent of any common carrier of passengers shall at all times have power to refuse to sell a ticket to any person applying...
- § 62-151 Passenger refusing to pay fare or violating rules may be ejected
If any passenger shall refuse to pay his fare, or be or become intoxicated, or violate the rules of a common carrier, it shall be...
- § 62-152 Repealed by Session Laws 1998-128, s. 13
- § 62-152.1 Uniform rates; joint rate agreements among carriers
(a) Definitions. As used in this section, unless the context otherwise requires, the term: (1) "Carrier" means any common carrier as defined in G.S. 62‑3(6)....
- § 62-152.2 Standard transportation practices
(a) For the purposes of this section, "standard transportation practices" means: (1) Uniform cargo liability rules. (2) Uniform bills of lading or receipts for property...
- § 62-153 Contracts of public utilities with certain companies and for services
(a) All public utilities shall file with the Commission copies of contracts with any affiliated or subsidiary holding, managing, operating, constructing, engineering, financing or purchasing...
- § 62-154 Surplus power rates
The Commission is authorized to investigate the sale of surplus electric power and the rates made for such energy, and to prescribe reasonable rules and...
- § 62-155 Electric power rates to promote conservation
(a) It is the policy of the State to conserve energy through efficient utilization of all resources. (b) If the Utilities Commission after study determines...
- § 62-156 Power sales by small power producers to public utilities
(a) In the event that a small power producer and an electric utility are unable to mutually agree to a contract for the sale of...
- § 62-157 Telecommunications relay service
(a) Finding. The General Assembly finds and declares that it is in the public interest to provide access to public telecommunications services for hearing impaired...
- § 62-158 Natural gas expansion
(a) In order to facilitate the construction of facilities in and the extension of natural gas service to unserved areas, the Commission may, after a...
- § 62-159 Additional funding for natural gas expansion
(a) In order to facilitate the construction of facilities in and the extension of natural gas service to unserved areas, the Commission may provide funding...
- § 62-159.1 through 62-159.5 Reserved for future codification purposes
Article 8 - Securities Regulation.
- § 62-160 Permission to pledge assets
No public utility shall pledge its faith, credit, moneys or property for the benefit of any holder of its preferred or common stocks or bonds,...
- § 62-161 Assumption of certain liabilities and obligations to be approved by Commission; refinancing of public utility securities
(a) No public utility shall issue any securities, or assume any liability or obligation as lessor, lessee, guarantor, indorser, surety, or otherwise, in respect to...
- § 62-162 Commission may approve in whole or in part or refuse approval
The Commission, by its order, may grant or deny the application provided for in the preceding section [G.S. 62‑161] as made, or may grant it...
- § 62-163 Contents of application for permission
Every application for authority for such issue or assumption shall be made in such form and contain such matters as the Commission may prescribe. Every...
- § 62-164 Applications to receive immediate attention; continuances
All applications for the issuance of securities or assumption of liability or obligation shall be placed at the head of the Commission's docket and disposed...
- § 62-165 Notifying Commission as to disposition of securities
Whenever any securities set forth and described in any such application for authority or certificate of notification as pledged or held unencumbered in the treasury...
- § 62-166 No guarantee on part of State
Nothing herein shall be construed to imply any guarantee or obligation as to such securities on the part of the State of North Carolina. (1933,...
- § 62-167 Article not applicable to note issues and renewals; notice to Commission
The provisions of the foregoing sections shall not apply to notes issued by a utility for proper purposes and not in violation of law, payable...
- § 62-168 Not applicable to debentures of court receivers
Nothing contained in this Article shall limit the power of any court having jurisdiction to authorize or cause receiver's certificates or debentures to be issued...
- § 62-169 Periodical or special reports
The Commission shall require periodical or special reports from each public utility issuing any security, including such notes payable at periods of not more than...
- § 62-170 Failure to obtain approval not to invalidate securities or obligations; noncompliance with Article, etc
(a) Securities issued and obligations and liabilities assumed by a public utility, for which the authorization of the Commission is required, shall not be invalidated...
- § 62-171 Commission may act jointly with agency of another state where public utility operates
If a commission or other agency or agencies is empowered by another state to regulate and control the amount and character of securities to be...
- § 62-172 through 62-179 Reserved for future codification purposes
Article 9 - Acquisition and Condemnation of Property.
- § 62-180 Use of railroads and public highways
Any person operating electric power, telegraph or telephone lines or authorized by law to establish such lines, has the right to construct, maintain and operate...
- § 62-181 Electric and hydroelectric power companies may appropriate highways; conditions
Every electric power or hydroelectric power corporation, person, firm or copartnership which may exercise the right of eminent domain under the Chapter Eminent Domain, where...
- § 62-182 Acquisition of right-of-way by contract
Such telegraph, telephone, or electric power or lighting company has power to contract with any person or corporation, the owner of any lands or of...
- § 62-182.1 Access to dedicated public right-of-way
When any map or plat of a subdivision, recorded as provided in G.S. 47‑30 and G.S. 136‑102.6, reflects the dedication of a public street or...
- § 62-183 Grant of eminent domain
Such telegraph, telephone, electric power or lighting company shall be entitled, upon making just compensation therefor, to the right‑of‑way over the lands, privileges and easements...
- § 62-184 Dwelling house of owner, etc., may be taken under certain cases
The dwelling house, yard, kitchen, garden or burial ground of the owner may be taken under G.S. 62‑183 when the company alleges, and upon the...
- § 62-185 Exercise of right of eminent domain; parties' interests only taken; no survey required
When such telegraph, telephone, electric power or lighting company fails on application therefor to secure by contract or agreement such right‑of‑way for the purposes aforesaid...
- § 62-186 Repealed by Session Laws 1981, c. 919, s. 4, effective January 1, 1982
- § 62-187 Proceedings as under eminent domain
The proceedings for the condemnation of lands, or any easement or interest therein, for the use of telegraph, telephone, electric power or lighting companies, the...
- § 62-188 Repealed by Session Laws 1981, c. 919, s. 6, effective January 1, 1982
- § 62-189 Powers granted corporations under Chapter exercisable by persons, firms or copartnerships
All the rights, powers and obligations given, extended to, or that may be exercised by any corporation or incorporated company under this Chapter shall be...
- § 62-190 Right of eminent domain conferred upon pipeline companies; other rights
(a) Any pipeline company transporting or conveying natural gas, gasoline, crude oil, coal in suspension, or other fluid substances by pipeline for the public for...
- § 62-191 Flume companies exercising right of eminent domain become common carriers
All flume companies availing themselves of the right of eminent domain under the provisions of the Chapter Eminent Domain shall become common carriers of freight,...
- § 62-192 Repealed by Session Laws 1998-128, s. 13
- § 62-193 through 62-199 Reserved for future codification purposes
Article 10 - Transportation in General.
- § 62-200 Duty to transport household goods within a reasonable time
(a) It shall be unlawful for any common carrier of household goods doing business in this State to omit or neglect to transport within a...
- § 62-201 Freight charges to be at legal rates; penalty for failure to deliver to consignee on tender of same
All common carriers doing business in this State shall settle their freight charges according to the rate stipulated in the bill of lading, provided the...
- § 62-202 Baggage and freight to be carefully handled
All common carriers shall handle with care all baggage and freight placed with them for transportation, and they shall be liable in damages for any...
- § 62-203 Claims for loss or damage to goods; filing and adjustment
(a) Every common carrier receiving household goods for transportation in intrastate commerce shall issue a bill of lading therefor, and shall be liable to the...
- § 62-204 Notice of claims, statute of limitations for loss, damage or injury to property
Any claim for loss, damage or injury to property while in the possession of a common carrier shall be filed by the claimant with the...
- § 62-205 Joinder of causes of action
To expedite the settlement of claims between shippers and common carriers, a shipper may join in the same complaint against a common carrier any number...
- § 62-206 Carrier's right against prior carrier
Any common carrier shall have all the rights and remedies herein provided for against a common carrier from which it received the household goods in...
- § 62-207 Repealed by Session Laws 1998-128, s. 13
- § 62-208 Common carriers to settle promptly for cash-on-delivery shipments; penalty
Every common carrier which shall fail to make settlement with the consignor of a cash‑on‑delivery shipment, either by payment of the moneys stipulated to be...
- § 62-209 Sale of unclaimed baggage or household goods; notice; sale of rejected property; escheat
(a) Any common carrier which has had in its possession on hand at any destination in this State any article whether baggage or household goods,...
- § 62-210 Discrimination between connecting lines
All common carriers subject to the provisions of this Chapter shall afford all reasonable, proper and equal facilities for the interchange of traffic between their...
- § 62-211 Repealed by Session Laws 1995, c. 523, s. 15
- § 62-212 Indemnity agreements in motor carrier transportation contracts
(a) A provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold...
- § 62-213 through 62-219 Reserved for future codification purposes
Article 11 - Railroads.
- § 62-220 Recodified as § 136-190 by Session Laws 1998-128, s. 14
- § 62-221 through 62-222 Repealed by Session Laws 1998-128, s. 13
- § 62-223 through 62-226 Recodified as §§ 136-191 through 136-194 by Session Laws 1998-128, s. 14
- § 62-227 through 62-234 Repealed by Session Laws 1998-128, s. 13
- § 62-235 Repealed by Session Laws 1995 (Regular Session, 1996), c. 673, s. 3
- § 62-236 Recodified as § 136-20.1 by Session Laws 1995 (Regular Session, 1996), c. 673, s. 5
- § 62-237 Recodified as G.S. 136-195 by Session Laws 1998-128, s. 14, effective September 4, 1998
- § 62-238 through 62-239 Repealed by Session Laws 1998-128, s. 13
- § 62-240 Recodified as § 136-196 by Session Laws 1998-128, s. 14
- § 62-241 through 62-247 Repealed by Session Laws 1998-128, s. 13
- § 62-248 through 62-258 Reserved for future codification purposes
Article 12 - Motor Carriers.
- § 62-259 Additional declaration of policy for motor carriers
In addition to the declaration of policy set forth in G.S. 62‑2 of Article 1 of Chapter 62, it is declared the policy of the...
- § 62-259.1 Specific declaration of policy for bus companies
The transportation of passengers, their baggage and express, by bus companies has become increasingly subject to competition from other forms of transportation which are unregulated...
- § 62-260 Exemptions from regulations
(a) Nothing in this Chapter shall be construed to include persons and vehicles engaged in one or more of the following services by motor vehicle...
- § 62-261 Additional powers and duties of Commission applicable to motor vehicles
The Commission is hereby vested with the following powers and duties: (1) To supervise and regulate bus companies and to that end, the Commission may...
- § 62-262 Applications and hearings other than for bus companies
(a) Except as otherwise provided in G.S. 62‑260[,] G.S. 62‑262.1 and 62‑265, no person shall engage in the transportation of passengers or household goods in...
- § 62-262.1 Certificates of authority for passenger operations by bus companies
(a) Except as provided in G.S. 62‑260, 62‑262 and 62‑265, no person shall engage in the transportation of passengers in intrastate commerce by motor vehicle...
- § 62-262.2 Discontinuance or reduction in service
(a) When a bus company proposes to discontinue service over any intrastate route or proposes to reduce its level of service to any points on...
- § 62-263 Application for broker's license
(a) No person shall engage in the business of a broker in intrastate operations within this State unless such person holds a broker's license issued...
- § 62-264 Repealed by Session Laws 1995, c. 523, s. 19
- § 62-265 Emergency operating authority
To meet unforeseen emergencies, the Commission may, upon its own initiative, or upon written request by any person, department or agency of the State, or...
- § 62-266 Repealed by Session Laws 1985, c. 454, s. 13, effective June 24, 1985
- § 62-267 Deviation from regular route operations
(a) A common carrier of passengers by motor vehicle operating under a certificate issued by the Commission may occasionally deviate from the routes over which...
- § 62-268 Security for protection of public; liability insurance
No certificate or broker's license shall be issued or remain in force until the applicant shall have procured and filed with the Division of Motor...
- § 62-269 Accounts, records and reports
The Commission may prescribe the forms of any and all accounts, records and memoranda to be kept by motor carriers, brokers, and lessors, including the...
- § 62-270 Orders, notices, and service of process
It shall be the duty of every motor carrier operating under a certificate issued under the provisions of this Article to file with the Division...
- § 62-271 Collection of rates and charges of motor carriers of household goods
No common carriers of household goods by motor vehicle shall deliver or relinquish possession at destination of any freight transported by it in intrastate commerce...
- § 62-272 Allowance to shippers for transportation services
If the owner of household goods transported under the provisions of this Article directly or indirectly renders any service connected with such transportation, or furnishes...
- § 62-273 Embezzlement of C.O.D. shipments
Household goods received by any motor carrier to be transported in intrastate commerce and delivered upon collection on such delivery and remittance to the shipper...
- § 62-274 Evidence; joinder of surety
No report by any carrier of any accident arising in the course of the operations of such carrier, made pursuant to any requirement of the...
- § 62-275 Repealed by Session Laws 1985, c. 676, s. 23, effective July 10, 1985
- § 62-276 Construction of Article
Nothing herein contained shall be construed to relieve any motor carrier from any regulation otherwise imposed by law or lawful authority, and this Article shall...
- § 62-277 Repealed by Session Laws 1985, c. 454, s. 16, effective June 24, 1985
- § 62-278 Revocation of license plates by Utilities Commission
(a) The license plates of any carrier of persons or household goods by motor vehicle for compensation may be revoked and removed from the vehicles...
- § 62-279 Injunction for unlawful operations
If any motor carrier, or any other person or corporation, shall operate a motor vehicle in violation of any provision of this Chapter applicable to...
- § 62-280 Reserved for future codification purposes
- § 62-281 Repealed by Session Laws 1985, c. 454, s. 17, effective June 24, 1985
- § 62-282 through 62-289 Reserved for future codification purposes
Article 12A - Human Service Transportation.
- § 62-289.1 Short title
This Article shall be known and may be cited as the "North Carolina Act to Remove Barriers to Coordinating Human Service and Volunteer Transportation". (1981,...
- § 62-289.2 Purpose
In order to promote improved transportation for the elderly, handicapped and residents of rural areas and small towns through an expanded and coordinated transportation network,...
- § 62-289.3 Definitions
As used in this Article: (1) "Human service agency" means any charitable or governmental agency including, but not limited to: county departments of social services,...
- § 62-289.4 Classification of transportation
The forms of transportation defined in G.S. 62‑289.3(2) and (5) shall be classified as "human service transportation" and "volunteer transportation" for purposes of regulation, insurance,...
- § 62-289.5 Inapplicable laws and regulations
Human services transportation and volunteer transportation shall not be considered as for‑hire transportation, commercial transportation or motor carriers, as defined by G.S. 62‑3(17). Such transportation...
- § 62-289.6 Insurance for volunteers
Human service agencies are authorized to purchase insurance to cover persons who provide volunteer transportation. (1981, c. 792, s. 1.)
- § 62-289.7 Municipal licenses and taxes
No county, city, town, municipal corporation or other unit of local government may impose a special tax on or require a special license for human...
Article 13 - Reorganization of Public Utilities.
Article 14 - Fees and Charges.
Article 15 - Penalties and Actions.
- § 62-310 Public utility violating any provision of Chapter, rules or orders; penalty; enforcement by injunction
(a) Any public utility which violates any of the provisions of this Chapter or refuses to conform to or obey any rule, order or regulation...
- § 62-311 Willful acts of employees deemed those of public utility
The willful act of any officer, agent, or employee of a public utility, acting within the scope of his official duties of employment, shall, for...
- § 62-312 Actions to recover penalties
Except as otherwise provided in this Chapter, an action for the recovery of any penalty under this Chapter shall be instituted in Wake County, and...
- § 62-313 Refusal to permit Commission to inspect records made misdemeanor
Any public utility, its officers or agents in charge thereof, that fails or refuses upon the written demand of the Commission, or a majority of...
- § 62-314 Violating rules, with injury to others
If any public utility doing business in this State by its agents or employees shall be guilty of the violation of the rules and regulations...
- § 62-315 Failure to make report; obstructing Commission
Every officer, agent or employee of any public utility, who shall willfully neglect or refuse to make and furnish any report required by the Commission...
- § 62-316 Disclosure of information by employee of Commission unlawful
It shall be unlawful for any agent or employees of the Commission knowingly and willfully to divulge any fact or information which may come to...
- § 62-317 Remedies for injuries cumulative
The remedies given by this Chapter to persons injured shall be regarded as cumulative to the remedies otherwise provided by law against public utilities. (1899,...
- § 62-318 Allowing or accepting rebates a misdemeanor
If any person shall participate in illegally pooling freights or shall directly or indirectly allow or accept rebates on freights, he shall be guilty of...
- § 62-319 Riding on train unlawfully; venue
If any person, with the intention of being transported free in violation of law, rides or attempts to ride on top of any car, coach,...
- § 62-320 Repealed by Session Laws 1995, c. 523, s. 30
- § 62-321 Penalty for nondelivery of intrastate telegraph message
Any telegraph company doing business in this State that shall fail to transmit and deliver any intrastate message within a reasonable time shall forfeit and...
- § 62-322 Unauthorized manufacture or sale of switch-lock keys a misdemeanor
It shall be unlawful for any person to make, manufacture, sell or give away to any other person any duplicate key to any lock used...
- § 62-323 Willful injury to property of public utility a misdemeanor
If any person shall willfully do or cause to be done any act or acts whatever whereby any building, construction or work of any public...
- § 62-324 Disclosure of information as to shipments unlawful
(a) It shall be unlawful for any common carrier engaged in intrastate commerce or any officer, receiver, trustee, lessee, agent, or employee of such carrier,...
- § 62-325 Unlawful motor carrier operations
(a) Any person, whether carrier, passenger, shipper, consignee, or any officer, employee, agent, or representative thereof, who shall knowingly offer, grant, or give or solicit,...
- § 62-326 Furnishing false information to the Commission; withholding information from the Commission
(a) Every person, firm or corporation operating under the jurisdiction of the Utilities Commission or who is required by law to file reports with the...
- § 62-327 Gifts to members of Commission, Commission employees, or public staff
It shall be unlawful for any officer, agent, employee, or attorney of any public utility or any public utility holding company, subsidiary, or affiliated company,...
- § 62-328 Unauthorized use of Citizens Band equipment
(a) As used in this section, "Citizens Band radio equipment" means Citizens Band radio equipment authorized by the Federal Communications Commission. (b) It shall be...
- § 62-329 Reserved for future codification
- § 62-330 Reserved for future codification
- § 62-331 Reserved for future codification
- § 62-332 Reserved for future codification
Article 16 - Security Provisions.
- § 62-333 Screening employment applications
The Chief Personnel Officer or his designee of any public utility franchised to do business in North Carolina shall be permitted to obtain from the...
