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Home » US Law » 2022 North Carolina General Statutes » Chapter 62 - Public Utilities » Article 6 - The Utility Franchise.

§ 62-110 – Certificate of convenience and necessity.

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 public utility plant or system or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the Commission a certificate that […]

§ 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.

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 the generation of […]

§ 62-110.2 – Electric service areas outside of municipalities.

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 being or is to be furnished; provided, that two or more buildings, structures, or facilities which are located on one tract or contiguous […]

§ 62-110.3 – Bond required for water and sewer companies.

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 by the Commission, in an amount not less than ten thousand dollars ($10,000). The bond shall be conditioned upon providing adequate and […]

§ 62-110.4 – Alternative Operator Services.

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 to have the characteristics of an alternative operator service unless the Commission shall have determined that class of interexchange carriers to be in the public interest […]

§ 62-110.5 – Commission may exempt certain nonprofit and consumer-owned water or sewer utilities.

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 the Commission deems appropriate, if: (1) The members or consumer-owners of the corporation elect the governing board of […]

§ 62-110.7 – Project development cost review for a nuclear facility.

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 of a certificate under G.S. 62-110.1 for a facility located in North Carolina or (ii) issuance of a certificate by the […]

§ 62-110.8 – Competitive procurement of renewable energy.

62-110.8. Competitive procurement of renewable energy. (a) Each electric public utility shall file for Commission approval a program for the competitive procurement of energy and capacity from renewable energy facilities with the purpose of adding renewable energy to the State’s generation portfolio in a manner that allows the State’s electric public utilities to continue to […]

§ 62-113 – Terms and conditions of franchises.

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 and off-route points, if any, at which, and in case of operations not over specified routes or between fixed termini, the territory within which, […]

§ 62-115 – Issuance of partnership franchises.

62-115. Issuance of partnership franchises. No franchise shall be issued under this Article to two or more persons until the persons have executed a partnership agreement, filed a copy of the agreement with the Commission, and indicated to the Commission, in writing, that they have complied with Article 14A of Chapter 66 of the General […]

§ 62-116 – Issuance of temporary or emergency authority.

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 all persons holding franchises authorizing similar services within the same territory and upon a finding that no other adequate existing service is available, […]

§ 62-117 – Same or similar names prohibited.

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, or any name so similar to a name of another public utility as to mislead or confuse the public, and the Commission may, upon […]

§ 62-118 – Abandonment and reduction of service.

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 revenue from a service to meet its expenses, the Commission shall have power, after petition and notice, to authorize by order any public utility […]