§ 160A-331.2. Agreements of electric suppliers. - North Carolina Statutes

§ 160A‑331.2. Agreements of electric suppliers.

(a)        The GeneralAssembly finds and determines that, in order to avoid the unnecessaryduplication of electric facilities and to facilitate the settlement of disputesbetween cities that are primary suppliers and other electric suppliers, it isdesirable for the State to authorize electric suppliers to enter intoagreements pursuant to which the parties to the agreements allocate to eachother the right to provide electric service to premises each would not have theright to serve under this Article but for the agreement, provided that noagreement between a city that is a primary supplier and another electricsupplier shall be enforceable by or against an electric supplier that issubject to the territorial assignment jurisdiction of the North CarolinaUtilities Commission until the agreement has been approved by the Commission.The Commission shall approve an agreement entered into pursuant to this sectionunless it finds that such agreement is not in the public interest. Suchagreements may allocate the right to serve premises by reference to specificpremises, geographical boundaries, or amounts of unspecified load to be served,but no agreement shall affect in any way the rights of other electric supplierswho are not parties to the relevant agreement. The provisions of this sectionapply to agreements relating to electric service inside and outside thecorporate limits of a city.

(b)        Repealed by SessionLaws 2007‑419, s. 1, effective August 21, 2007.

(c)        To the extentnegotiations undertaken pursuant to subsection (b) of this section, as enactedby S.L. 2005‑150, have not resulted in an agreement between a negotiatingelectric membership corporation and a negotiating city by May 31, 2007,jurisdiction shall immediately lie in the North Carolina Utilities Commissionto resolve all issues related to those negotiations. Either party to thenegotiations may petition the Commission to exercise the jurisdiction conferredin this subsection upon the filing of a petition and the payment of a filingfee of five hundred dollars ($500.00). In reaching its decision, the Commissionshall include consideration of the public convenience and necessity. TheCommission shall not consider rate differentials between the involved city andthe involved electric membership corporation.

(d)        Notwithstanding anorder of the Commission issued pursuant to subsection (c) of this section:

(1)        Any electricmembership corporation or city may furnish electric service to any consumer whodesires service from that electric membership corporation or city at anypremises being served by another electric membership corporation or city, or atpremises which another electric membership corporation or city has the right toserve pursuant to subsection (c) of this section, upon agreement of theaffected electric membership corporation or city, subject to approval by theCommission.

(2)        The Commission shallhave the authority and jurisdiction, after notice to all affected electricmembership corporations and cities and after a hearing, if a hearing isrequested by any affected electric membership corporation or city, or any otherinterested party, to order any electric membership corporation or city whichmay reasonably do so to furnish electric service to any consumer who desiresservice from that electric membership corporation or city at any premises beingserved by another electric membership corporation or city pursuant tosubsection (c) of this section or subdivision (1) of this subsection, or which anotherelectric membership corporation or city has the right to serve pursuant tosubsection (c) of this section or subdivision (1) of this subsection, and toorder the other electric membership corporation or city to cease and desistfrom furnishing electric service to such premises, upon finding that service tothe consumer by the electric membership corporation or city which is thenfurnishing service, or which has the right to furnish service to thosepremises, is or will be inadequate or undependable, or that the rates,conditions of service, or service regulations, applied to such consumer, areunreasonably discriminatory.

(e)        Assignments orreassignments made or approved by the Commission pursuant to subsection (c) or(d) of this section shall be deemed to be service area agreements approvedpursuant to subsection (a) of this section. (2005‑150, s. 3; 2007‑419, s. 1.)