Chapter 62

260 published sections.

Article 1 - General Provisions

N.C.G.S. § 62-1 — Short title.
N.C.G.S. § 62-2 — Declaration of policy.
N.C.G.S. § 62-3 — Definitions.
N.C.G.S. § 62-4 — Applicability of Chapter.
N.C.G.S. § 62-5 — Utilities; property affected by boundary certification.

Article 2 - Organization of Utilities Commission

N.C.G.S. § 62-10 — Number; appointment; terms; qualifications; chairman; vacancies; compensation; other employment prohibited.
N.C.G.S. § 62-11 — Oath of office.
N.C.G.S. § 62-12 — Organization of Commission; adoption of rules and regulations therefor.
N.C.G.S. § 62-13 — Chairman to direct Commission.
N.C.G.S. § 62-14 — Commission staff; structure and function.
N.C.G.S. § 62-15 — Office of executive director; Public Staff, structure and function.
N.C.G.S. § 62-17 — Annual reports; monthly or quarterly release of certain information; publication of procedural orders and decisions.
N.C.G.S. § 62-18 — Records of receipts and disbursements; payment into treasury.
N.C.G.S. § 62-19 — Public record of proceedings; chief clerk; seal.
N.C.G.S. § 62-22 — Utilities Commission and Department of Revenue to coordinate facilities for ratemaking and taxation purposes.
N.C.G.S. § 62-23 — Commission as an administrative board or agency.

Article 3 - Powers and Duties of Utilities Commission

N.C.G.S. § 62-30 — General powers of Commission.
N.C.G.S. § 62-30.1 — Designating telecommunications carriers; rules.
N.C.G.S. § 62-31 — Power to make and enforce rules and regulations for public utilities.
N.C.G.S. § 62-32 — Supervisory powers; rates and service.
N.C.G.S. § 62-33 — Commission to keep informed as to utilities.
N.C.G.S. § 62-34 — To investigate companies under its control; visitation and inspection.
N.C.G.S. § 62-35 — System of accounts.
N.C.G.S. § 62-36 — Reports by utilities; canceling certificates for failure to file.
N.C.G.S. § 62-36.01 — Regulation of natural gas service agreements.
N.C.G.S. § 62-37 — Investigations.
N.C.G.S. § 62-38 — Power to regulate public utilities in municipalities.
N.C.G.S. § 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.
N.C.G.S. § 62-40 — To hear and determine controversies submitted.
N.C.G.S. § 62-41 — To investigate accidents involving public utilities; to promote general safety program.
N.C.G.S. § 62-42 — Compelling efficient service, extensions of services and facilities, additions and improvements.
N.C.G.S. § 62-43 — Fixing standards, classifications, etc.; testing service.
N.C.G.S. § 62-44 — Commission may require continuous telephone lines.
N.C.G.S. § 62-45 — Determination of cost and value of utility property.
N.C.G.S. § 62-46 — Water gauging stations.
N.C.G.S. § 62-47 — Reports from municipalities operating own utilities.
N.C.G.S. § 62-48 — Appearance before courts and agencies.
N.C.G.S. § 62-49 — Publication of utilities laws.
N.C.G.S. § 62-50 — Safety standards for gas pipeline facilities.
N.C.G.S. § 62-51 — To inspect books and records of corporations affiliated with public utilities.
N.C.G.S. § 62-52 — Interruption of service.
N.C.G.S. § 62-53 — Electric membership corporation subsidiaries.
N.C.G.S. § 62-54 — Notification of opportunity to object to telephone solicitation.

Article 4 - Procedure Before the Commission

N.C.G.S. § 62-60 — Commission acting in judicial capacity; administering oaths and hearing evidence; decisions; quorum.
N.C.G.S. § 62-60.1 — Commission to sit in panels of three.
N.C.G.S. § 62-61 — Witnesses; production of papers; contempt.
N.C.G.S. § 62-62 — Issuance and service of subpoenas.
N.C.G.S. § 62-63 — Service of process and notices.
N.C.G.S. § 62-64 — Bonds.
N.C.G.S. § 62-65 — Rules of evidence; judicial notice.
N.C.G.S. § 62-66 — Depositions.
N.C.G.S. § 62-68 — Use of affidavits.
N.C.G.S. § 62-69 — Stipulations and agreements; prehearing conference.
N.C.G.S. § 62-70 — Ex parte communications.
N.C.G.S. § 62-71 — Hearings to be public; record of proceedings.
N.C.G.S. § 62-72 — Commission may make rules of practice and procedure.
N.C.G.S. § 62-73 — Complaints against public utilities.
N.C.G.S. § 62-73.1 — Complaints against providers of telephone services.
N.C.G.S. § 62-74 — Complaints by public utilities.
N.C.G.S. § 62-75 — Burden of proof.
N.C.G.S. § 62-76 — Hearings by Commission, panel of three commissioners, single commissioner, or examiner.
N.C.G.S. § 62-77 — Recommended decision of panel of three commissioners, single commissioner or examiner.
N.C.G.S. § 62-78 — Proposed findings, briefs, exceptions, orders, expediting cases, and other procedure.
N.C.G.S. § 62-79 — Final orders and decisions; findings; service; compliance.
N.C.G.S. § 62-80 — Powers of Commission to rescind, alter or amend prior order or decision.
N.C.G.S. § 62-81 — Special procedure in hearing and deciding rate cases.
N.C.G.S. § 62-82 — Special procedure on application for certificate for generating facility; appeal from award order.

Article 5 - Review and Enforcement of Orders

N.C.G.S. § 62-90 — Right of appeal.
N.C.G.S. § 62-91 — Appeal docketed; title on appeal; priorities on appeal.
N.C.G.S. § 62-92 — Parties on appeal.
N.C.G.S. § 62-93 — No evidence admitted on appeal; remission for further evidence.
N.C.G.S. § 62-94 — Record on appeal; extent of review.
N.C.G.S. § 62-95 — Relief pending review on appeal.
N.C.G.S. § 62-96 — Appeal to Supreme Court.
N.C.G.S. § 62-97 — Judgment on appeal enforced by mandamus.
N.C.G.S. § 62-98 — Peremptory mandamus to enforce order, when no appeal.

Article 5A - Siting of Transmission Lines

N.C.G.S. § 62-100 — Definitions.
N.C.G.S. § 62-101 — Certificate to construct transmission line.
N.C.G.S. § 62-102 — Application for certificate.
N.C.G.S. § 62-103 — Parties.
N.C.G.S. § 62-104 — Hearings.
N.C.G.S. § 62-105 — Burden of proof; decision.
N.C.G.S. § 62-106 — Effect of local ordinances.
N.C.G.S. § 62-107 — Rules.

Article 6 - The Utility Franchise

N.C.G.S. § 62-110 — Certificate of convenience and necessity.
N.C.G.S. § 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.
N.C.G.S. § 62-110.2 — Electric service areas outside of municipalities.
N.C.G.S. § 62-110.3 — Bond required for water and sewer companies.
N.C.G.S. § 62-110.4 — Alternative Operator Services.
N.C.G.S. § 62-110.5 — Commission may exempt certain nonprofit and consumer-owned water or sewer utilities.
N.C.G.S. § 62-110.6 — Rate recovery for construction costs of out-of-state electric generating facilities.
N.C.G.S. § 62-110.7 — Project development cost review for a nuclear facility.
N.C.G.S. § 62-110.8 — Competitive procurement of renewable energy.
N.C.G.S. § 62-110.9 — Requirements concerning reductions in emissions of carbon dioxide from electric public utilities.
N.C.G.S. § 62-111 — Transfers of franchises; mergers, consolidations and combinations of public utilities.
N.C.G.S. § 62-112 — Effective date, suspension and revocation of franchises; dormant motor carrier franchises.
N.C.G.S. § 62-113 — Terms and conditions of franchises.
N.C.G.S. § 62-115 — Issuance of partnership franchises.
N.C.G.S. § 62-116 — Issuance of temporary or emergency authority.
N.C.G.S. § 62-117 — Same or similar names prohibited.
N.C.G.S. § 62-118 — Abandonment and reduction of service.

Article 6B - Distributed Resources Access Act

N.C.G.S. § 62-126.1 — Title.
N.C.G.S. § 62-126.2 — Declaration of policy.
N.C.G.S. § 62-126.3 — Definitions.
N.C.G.S. § 62-126.4 — Commission to establish net metering rates.
N.C.G.S. § 62-126.5 — Scope of leasing program in offering utilities' service areas.
N.C.G.S. § 62-126.6 — Electric customer generator leasing requirements; disclosures; records.
N.C.G.S. § 62-126.7 — Commission authority over electric generator lessors.
N.C.G.S. § 62-126.8 — Community solar energy facilities.
N.C.G.S. § 62-126.9 — Scope of leasing program by municipalities.
N.C.G.S. § 62-126.10 — Rules.

Article 7 - Rates of Public Utilities

N.C.G.S. § 62-130 — Commission to make rates for public utilities.
N.C.G.S. § 62-131 — Rates must be just and reasonable; service efficient.
N.C.G.S. § 62-132 — Rates established under this Chapter deemed just and reasonable; remedy for collection of unjust or unreasonable rates.
N.C.G.S. § 62-133 — How rates fixed.
N.C.G.S. § 62-133.1 — Small water and sewer utility rates.
N.C.G.S. § 62-133.1A — Fair value determination of government-owned water and wastewater systems.
N.C.G.S. § 62-133.1B — Water and Sewer Investment Plan ratemaking mechanism authorized.
N.C.G.S. § 62-133.2 — Fuel and fuel-related charge adjustments for electric utilities.
N.C.G.S. § 62-133.4 — Gas cost adjustment for natural gas local distribution companies.
N.C.G.S. § 62-133.5 — Alternative regulation, tariffing, and deregulation of telecommunications utilities.
N.C.G.S. § 62-133.6 — Environmental compliance costs recovery.
N.C.G.S. § 62-133.7 — Customer usage tracking rate adjustment mechanisms for natural gas local distribution company rates.
N.C.G.S. § 62-133.7A — Rate adjustment mechanisms for natural gas local distribution company rates.
N.C.G.S. § 62-133.8 — Clean Energy and Energy Efficiency Portfolio Standard (CEPS).
N.C.G.S. § 62-133.8A — Additional credit for use of swine waste resources.
N.C.G.S. § 62-133.9 — Cost recovery for demand-side management and energy efficiency measures.
N.C.G.S. § 62-133.11 — Rate adjustment for changes in costs based on third-party rates.
N.C.G.S. § 62-133.12 — Rate adjustment mechanism based on investment in repair, improvement, and replacement of water and sewer facilities.
N.C.G.S. § 62-133.12A — Customer usage tracking rate adjustment mechanisms for water and wastewater rates.
N.C.G.S. § 62-133.12B — Computation of income tax expense for ratemaking purposes; taxable contributions.
N.C.G.S. § 62-133.13 — Recovery of costs related to unlawful discharges from coal combustion residuals surface impoundments to the surface waters of the State.
N.C.G.S. § 62-133.14 — Cost recovery for acquisition of joint municipal power agency ownership interest in generating facilities.
N.C.G.S. § 62-133.15 — (Expires July 1, 2026 – see note) Cost recovery for natural gas economic development infrastructure.
N.C.G.S. § 62-133.16 — Performance-based regulation authorized.
N.C.G.S. § 62-133.20 — Cleanfields renewable energy demonstration parks.
N.C.G.S. § 62-134 — Change of rates; notice; suspension and investigation.
N.C.G.S. § 62-135 — Temporary rates under bond.
N.C.G.S. § 62-136 — Investigation of existing rates; changing unreasonable rates; certain refunds to be distributed to customers.
N.C.G.S. § 62-137 — Scope of rate case.
N.C.G.S. § 62-138 — Utilities to file rates, service regulations and service contracts with Commission; publication; certain telephone service prohibited.
N.C.G.S. § 62-139 — Rates varying from schedule prohibited; refunding overcharge; penalty.
N.C.G.S. § 62-140 — Discrimination prohibited.
N.C.G.S. § 62-141 — Long and short hauls.
N.C.G.S. § 62-142 — Contracts as to rates.
N.C.G.S. § 62-143 — Schedule of rates to be evidence.
N.C.G.S. § 62-144 — Free transportation.
N.C.G.S. § 62-145 — Rates between points connected by more than one route.
N.C.G.S. § 62-146 — Rates and service of motor common carriers of property.
N.C.G.S. § 62-146.1 — Rates and service of bus companies.
N.C.G.S. § 62-148 — Rates on leased or controlled utility.
N.C.G.S. § 62-149 — Unused tickets to be redeemed.
N.C.G.S. § 62-150 — Ticket may be refused intoxicated person; penalty for prohibited entry.
N.C.G.S. § 62-151 — Passenger refusing to pay fare or violating rules may be ejected.
N.C.G.S. § 62-152.1 — Uniform rates; joint rate agreements among carriers.
N.C.G.S. § 62-152.2 — Standard transportation practices.
N.C.G.S. § 62-153 — Contracts of public utilities with certain companies and for services.
N.C.G.S. § 62-154 — Surplus power rates.
N.C.G.S. § 62-155 — Electric power rates to promote conservation.
N.C.G.S. § 62-156 — Power sales by small power producers to public utilities.
N.C.G.S. § 62-157 — Telecommunications relay service.
N.C.G.S. § 62-158 — Natural gas expansion.
N.C.G.S. § 62-159 — Additional funding for natural gas expansion.
N.C.G.S. § 62-159.1 — Debt collection practices.
N.C.G.S. § 62-159.2 — Direct renewable energy procurement for major military installations, public universities, and large customers.

Article 8 - Securities Regulation

N.C.G.S. § 62-160 — Permission to pledge assets.
N.C.G.S. § 62-161 — Assumption of certain liabilities and obligations to be approved by Commission; refinancing of public utility securities.
N.C.G.S. § 62-162 — Commission may approve in whole or in part or refuse approval.
N.C.G.S. § 62-163 — Contents of application for permission.
N.C.G.S. § 62-164 — Applications to receive immediate attention; continuances.
N.C.G.S. § 62-165 — Notifying Commission as to disposition of securities.
N.C.G.S. § 62-166 — No guarantee on part of State.
N.C.G.S. § 62-167 — Article not applicable to note issues and renewals; notice to Commission.
N.C.G.S. § 62-168 — Not applicable to debentures of court receivers.
N.C.G.S. § 62-169 — Periodical or special reports.
N.C.G.S. § 62-170 — Failure to obtain approval not to invalidate securities or obligations; noncompliance with Article, etc.
N.C.G.S. § 62-171 — Commission may act jointly with agency of another state where public utility operates.
N.C.G.S. § 62-172 — Financing for certain storm and coal plant retirement recovery costs.

Article 9 - Acquisition and Condemnation of Property

N.C.G.S. § 62-180 — Use of railroads and public highways.
N.C.G.S. § 62-181 — Electric and hydroelectric power companies may appropriate highways; conditions.
N.C.G.S. § 62-182 — Acquisition of right-of-way by contract.
N.C.G.S. § 62-182.1 — Access to dedicated public right-of-way.
N.C.G.S. § 62-183 — Grant of eminent domain.
N.C.G.S. § 62-184 — Dwelling house of owner, etc., may be taken under certain cases.
N.C.G.S. § 62-185 — Exercise of right of eminent domain; parties' interests only taken; no survey required.
N.C.G.S. § 62-187 — Proceedings as under eminent domain.
N.C.G.S. § 62-189 — Powers granted corporations under Chapter exercisable by persons, firms or copartnerships.
N.C.G.S. § 62-190 — Right of eminent domain conferred upon pipeline companies; other rights.
N.C.G.S. § 62-191 — Flume companies exercising right of eminent domain become common carriers.
N.C.G.S. § 62-193 — Disposition of certain unused easements.

Article 10 - Transportation in General

N.C.G.S. § 62-200 — Duty to transport household goods within a reasonable time.
N.C.G.S. § 62-201 — Freight charges to be at legal rates; penalty for failure to deliver to consignee on tender of same.
N.C.G.S. § 62-202 — Baggage and freight to be carefully handled.
N.C.G.S. § 62-203 — Claims for loss or damage to goods; filing and adjustment.
N.C.G.S. § 62-204 — Notice of claims, statute of limitations for loss, damage or injury to property.
N.C.G.S. § 62-205 — Joinder of causes of action.
N.C.G.S. § 62-206 — Carrier's right against prior carrier.
N.C.G.S. § 62-208 — Common carriers to settle promptly for cash-on-delivery shipments; penalty.
N.C.G.S. § 62-209 — Sale of unclaimed baggage or household goods; notice; sale of rejected property; escheat.
N.C.G.S. § 62-210 — Discrimination between connecting lines.
N.C.G.S. § 62-212 — Indemnity agreements in motor carrier transportation contracts.

Article 12 - Motor Carriers

N.C.G.S. § 62-259 — Additional declaration of policy for motor carriers.
N.C.G.S. § 62-259.1 — Specific declaration of policy for bus companies.
N.C.G.S. § 62-260 — Exemptions from regulations.
N.C.G.S. § 62-261 — Additional powers and duties of Commission applicable to motor vehicles.
N.C.G.S. § 62-262 — Applications and hearings other than for bus companies.
N.C.G.S. § 62-262.1 — Certificates of authority for passenger operations by bus companies.
N.C.G.S. § 62-262.2 — Discontinuance or reduction in service.
N.C.G.S. § 62-263 — Application for broker's license.
N.C.G.S. § 62-265 — Emergency operating authority.
N.C.G.S. § 62-267 — Deviation from regular route operations.
N.C.G.S. § 62-268 — Security for protection of public; liability insurance.
N.C.G.S. § 62-269 — Accounts, records and reports.
N.C.G.S. § 62-270 — Orders, notices, and service of process.
N.C.G.S. § 62-271 — Collection of rates and charges of motor carriers of household goods.
N.C.G.S. § 62-272 — Allowance to shippers for transportation services.
N.C.G.S. § 62-273 — Embezzlement of C.O.D. shipments.
N.C.G.S. § 62-273.1 — Criminal history record checks of applicants for and current holders of certificate to transport household goods.
N.C.G.S. § 62-274 — Evidence; joinder of surety.
N.C.G.S. § 62-276 — Construction of Article.
N.C.G.S. § 62-278 — Revocation of license plates by Utilities Commission.
N.C.G.S. § 62-279 — Injunction for unlawful operations.
N.C.G.S. § 62-280 — Household goods carrier; marking or identification of vehicles.
N.C.G.S. § 62-280.1 — False representation of household goods carrier certificate unlawful.

Article 12A - Human Service Transportation

N.C.G.S. § 62-289.1 — Short title.
N.C.G.S. § 62-289.2 — Purpose.
N.C.G.S. § 62-289.3 — Definitions.
N.C.G.S. § 62-289.4 — Classification of transportation.
N.C.G.S. § 62-289.5 — Inapplicable laws and regulations.
N.C.G.S. § 62-289.6 — Insurance for volunteers.
N.C.G.S. § 62-289.7 — Municipal licenses and taxes.

Article 13 - Reorganization of Public Utilities

N.C.G.S. § 62-290 — Corporations whose property and franchises sold under order of court or execution.
N.C.G.S. § 62-291 — New owners to meet and organize; special rule for railroads.
N.C.G.S. § 62-292 — Certificate to be filed with Secretary of State.
N.C.G.S. § 62-293 — Effect on liens and other rights.

Article 14 - Fees and Charges

N.C.G.S. § 62-300 — Particular fees and charges fixed; payment.
N.C.G.S. § 62-302 — Regulatory fee.
N.C.G.S. § 62-302.1 — Regulatory fee for combustion residuals surface impoundments.

Article 15 - Penalties and Actions

N.C.G.S. § 62-310 — Public utility violating any provision of Chapter, rules or orders; penalty; enforcement by injunction.
N.C.G.S. § 62-311 — Willful acts of employees deemed those of public utility.
N.C.G.S. § 62-312 — Actions to recover penalties.
N.C.G.S. § 62-313 — Refusal to permit Commission to inspect records made misdemeanor.
N.C.G.S. § 62-314 — Violating rules, with injury to others.
N.C.G.S. § 62-315 — Failure to make report; obstructing Commission.
N.C.G.S. § 62-316 — Disclosure of information by employee of Commission unlawful.
N.C.G.S. § 62-317 — Remedies for injuries cumulative.
N.C.G.S. § 62-318 — Allowing or accepting rebates a misdemeanor.
N.C.G.S. § 62-319 — Riding on train unlawfully; venue.
N.C.G.S. § 62-321 — Penalty for nondelivery of intrastate telegraph message.
N.C.G.S. § 62-322 — Unauthorized manufacture or sale of switch-lock keys a misdemeanor.
N.C.G.S. § 62-323 — Willful injury to property of public utility a felony.
N.C.G.S. § 62-324 — Disclosure of information as to shipments unlawful.
N.C.G.S. § 62-325 — Unlawful motor carrier operations.
N.C.G.S. § 62-326 — Furnishing false information to the Commission; withholding information from the Commission.
N.C.G.S. § 62-327 — Gifts to members of Commission, Commission employees, or Public Staff.
N.C.G.S. § 62-328 — Unauthorized use of Citizens Band equipment.

Article 16 - Security Provisions

N.C.G.S. § 62-333 — Screening employment applications.

Article 17 - Miscellaneous Provisions

N.C.G.S. § 62-350 — (See Editor's note) Regulation of pole attachments.
N.C.G.S. § 62-351 — Demand-side management policy; pilot project.
N.C.G.S. § 62-352 — Facilities for hearings outside the Commission's offices; security; costs of hearings.