§ 160A-331. Definitions. - North Carolina Statutes

Part 2. Electric Service in UrbanAreas.

§ 160A‑331. Definitions.

Unless the context otherwiserequires, the following words and phrases shall have the meanings indicatedwhen used in this Part:

(1)        "Assignedarea" means any portion of an area annexed to or incorporated into a citywhich, on or before the effective date of annexation or incorporation, had beenassigned by the North Carolina Utilities Commission to a specific electricsupplier pursuant to G.S. 62‑110.2.

(1a)      "Assignedsupplier" means a person, firm, or corporation to which the North CarolinaUtilities Commission had assigned a specific area for service as an electricsupplier pursuant to G.S. 62‑110.2, which area, in whole or in part, issubsequently annexed to or incorporated into a city.

(1b)      The"determination date" is

a.         April 20, 1965, withrespect to areas within the corporate limits of any city as of April 20, 1965;

b.         The effective dateof annexation with respect to areas annexed to any city after April 20, 1965;

c.         The date a primarysupplier comes into being with respect to any city first incorporated afterApril 20, 1965.

(2)        "Line"means any conductor located inside the city, or any conductor within 300 feetof areas annexed by the city that is a primary supplier, for distributing ortransmitting electricity, except as follows:

a.         For overheadconstruction, a conductor from the pole nearest the premises of a consumer tosuch premises, or a conductor from a line tap to such premises.

b.         For undergroundconstruction, a conductor from the transformer (or the junction point, if therebe one) nearest the premises of a consumer to such premises.

(3)        "Premises"means the building, structure, or facility to which electricity is being or isto be furnished. Two or more buildings, structures, or facilities that arelocated on one tract or contiguous tracts of land and are used by one electricconsumer for commercial, industrial, institutional, or governmental purposes,shall together constitute one "premises," except that any such building,structure, or facility shall not, together with any other building, structure,or facility, constitute one "premises" if the electric service to itis separately metered and the charges for such service are calculatedindependently of charges for service to any other building, structure, orfacility.

(4)        "Primarysupplier" means a city that owns and maintains its own electric system, ora person, firm, or corporation that furnishes electric service within a citypursuant to a franchise granted by, or contract with, a city, or that, havingfurnished service pursuant to a franchise or contract, is continuing to furnishservice within a city after the expiration of the franchise or contract.

(5)        "Secondarysupplier" means a person, firm, or corporation that is not a primarysupplier, but that furnishes electricity at retail to one or more consumersother than itself within the limits of a city, or that has a conductor locatedwithin 300 feet of an area annexed by a city that is a primary supplier. Aprimary supplier that furnishes electric service within a city pursuant to afranchise or contract that limits or restricts the classes of consumers ortypes of electric service permitted to such supplier shall, in and with respectto any area annexed by the city after April 20, 1965, be a primary supplier forsuch classes of consumers or types of service, and if it furnishes otherelectric service in the annexed area on the effective date of annexation, shallbe a secondary supplier, in and with respect to such annexed area, for allother electric service. A primary supplier that continues to furnish electricservice after the expiration of a franchise or contract that limited orrestricted such primary supplier with respect to classes of consumers or typesof electric service shall, in and with respect to any area annexed by the cityafter April 20, 1965, be a secondary supplier for all electric service if it isfurnishing electric service in the annexed area on the effective date ofannexation. (1965,c. 287, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 52; 1997‑346, s. 1;1999‑111, s. 1; 2003‑24, s. 1; 2005‑150, s. 2.)