§ 62-300. Particular fees and charges fixed; payment. - North Carolina Statutes

Article 14.

Fees and Charges.

§ 62‑300.  Particular fees and charges fixed;payment.

(a)        The Commission shall receive and collect the following feesand charges in accordance with the classification of utilities as provided inrules and regulations of the Commission, and no others:

(1)        Twenty‑five dollars ($25.00) with each notice ofappeal to the Court of Appeals or the Supreme Court, and with each notice ofapplication for a writ of certiorari.

(2)        With each application for a new certificate for motor carrierrights, the fee shall be two hundred fifty dollars ($250.00) when filed byClass 1 motor carriers, one hundred dollars ($100.00) when filed by Class 2motor carriers, and twenty‑five dollars ($25.00) when filed by Class 3motor carriers, and twenty‑five dollars ($25.00) as filing fee for anyamendment thereto so as to extend or enlarge the scope of operationsthereunder, and twenty‑five dollars ($25.00) for each broker who appliesfor a brokerage license under the provisions of this Chapter.

(3)        With each application for a general increase in rates, faresand charges and for each filing of a tariff which seeks general increases inrates, fares and charges, the fee will be five hundred dollars ($500.00) forClass A utilities and Class 1 motor carriers, two hundred fifty dollars($250.00) for Class B utilities and Class 2 motor carriers, one hundred dollars($100.00) for Class C utilities and twenty‑five dollars ($25.00) forClass D utilities and Class 3 motor carriers; provided that in the case of anapplication or tariff for a general increase in rates filed by a tariff agentfor more than one carrier, the applicable fee shall be the highest feeprescribed for any motor carrier included in the application or tariff. Thisfee shall not apply to applications for adjustments in particular rates, fares,or charges for the purpose of eliminating inequities, preferences ordiscriminations or to applications to adjust rates and charges based solely onthe increased cost of fuel used in the generation or production of electricpower.

(4)        One hundred dollars ($100.00) with each application by motorcarrier of passengers for the abandonment or permanent or temporarydiscontinuance of transportation service previously authorized in acertificate.

(4a)      Repealed by Session Laws 1998‑128, s. 10.

(5)        With each application for a certificate of publicconvenience and necessity or for any amendment thereto so as to extend orenlarge the scope of operations thereunder, the fee shall be two hundred fiftydollars ($250.00) for Class A utilities, one hundred dollars ($100.00) forClass B utilities, and twenty‑five dollars ($25.00) for Class C and Dutilities and twenty‑five dollars ($25.00) for any other person seeking acertificate of public convenience and necessity.

(5a)      With each application by a bus company for an originalcertificate of authority or for any amendment thereto or to an existingcertificate of public convenience and necessity so as to extend or enlarge thescope of operations thereunder the fee shall be two hundred fifty dollars($250.00).

(6)        With each application for approval of the issuance ofsecurities or for the approval of any sale, lease, hypothecation, lien, orother transfer of any household goods or operating rights of any carrier orpublic utility over which the Commission has jurisdiction, the fee shall be twohundred fifty dollars ($250.00) for Class A utilities and Class 1 motorcarriers, one hundred dollars ($100.00) for Class B utilities and Class 2 motorcarriers, and twenty‑five dollars ($25.00) for Class C and D utilitiesand Class 3 motor carriers; provided, that in the case of sales, leases andtransfers between two or more carriers or utilities, the applicable fee shallbe the highest fee prescribed for any party to the transaction.

(7)        Ten dollars ($10.00) with each application, petition, orcomplaint not embraced in (2) through (6) of this section, wherein suchapplication, petition, or complaint seeks affirmative relief against a carrieror public utility over which the Commission has jurisdiction. This fee shallnot apply to applications for adjustments in particular rates, fares or chargesfor the purpose of eliminating inequities, preferences or discriminations; norshall this fee apply to applications, petitions, or complaints made by anycounty, city or town; nor shall this fee apply to applications or petitionsmade by individuals seeking service or relief from a public utility.

(8)        Repealed by Session Laws 1985, c. 454, s. 18.

(9)        One dollar ($1.00) for each page (81/2 x 11 inches) of transcriptof testimony, but not less than five dollars ($5.00) for any such transcript.

(10)      Twenty cents (20¢) for each page of copies of papers, orders,certificates or other records, but not less than one dollar ($1.00) for anysuch order or record, plus five dollars ($5.00) for formal certification of anysuch paper, order or record.

(11),     (12) Repealed by Session Laws 1985, c. 454, s. 18.

(13)      Two hundred fifty dollars ($250.00) with each application fora certificate of public convenience and necessity to construct a transmissionline.

(14)      Twenty‑five dollars ($25.00) with each filing by aperson otherwise exempt from Commission regulation under Public Law 103‑305to participate in standard transportation practices as set out by theCommission.

(15)      One hundred dollars ($100.00) for each application forexemption filed by nonprofit and consumer‑owned water or sewer utilitiespursuant to G.S. 62‑110.5.

(b)        All witness fees, officers' fees serving papers, and cost ofserving notice by publication shall be paid by the party at whose instance orfor whose benefit such fees and costs are incurred.

(c)        No application, petition, complaint, notice of appeal,notice of application for writ of certiorari, or other document or paper, thefiling of which requires the payment of a fee under this Article, shall bedeemed filed until the fees herein required shall have been paid to theCommission.

(d)        The fees and charges as set forth in subdivisions (1), (7),(9) and (10) of subsection (a) of this section shall not apply to the State ofNorth Carolina or to any board, department, commission, institution or otheragency of the State; and all applications, petitions or complaints submitted bythe State of North Carolina or any board, department, commission, institution orother agency of the State shall be filed without the payment of the feesrequired by this section. All transcripts, papers, orders, certificates, orother records necessary to perfect an appeal, or to determine whether an appealis to be taken, shall be furnished without charge to the Attorney General uponhis request in cases in which the Attorney General appears in the publicinterest or as representing any board, department, commission, institution orother agency of the State.

(e)        The provisions of this section shall apply with respect tothe regulation of electric membership corporations as provided in G.S. 117‑18.1.(1953, c. 825, s. 1; 1955,c. 64; 1957, c. 1152, s. 15; 1961, c. 472, ss. 2‑4; 1963, c. 1165, s. 1;1967, c. 1039; c. 1190, s. 7; 1969, c. 721, s. 2; 1971, c. 736, s. 2; 1975, c.447, s. 1; 1977, c. 1003; 1977, 2nd Sess., c. 129, s. 32; 1979, c. 792; 1985,c. 311, ss. 1‑4; c. 454, ss. 18, 19; c. 676, s. 24; 1991, c. 189, s. 2;1995, c. 523, ss. 29, 32; 1997‑437, s. 3; 1998‑128, s. 10; 1999‑180,s. 6.)