§ 62-36A. Natural gas planning. - North Carolina Statutes

§ 62‑36A.  Natural gas planning.

(a)        The Commission shall require each franchised natural gaslocal distribution company to file reports with the Commission detailing itsplans for providing natural gas service in areas of its franchise territory inwhich natural gas service is not available. Commission rules shall require thateach local distribution company shall update its report at least every twoyears.

(b)        The Commission shall develop rules to carry out the intentof subsection (a) of this section, and to produce an orderly system forreviewing current levels of natural gas service and planning the orderlyexpansion of natural gas service to areas not served. These rules shall providefor expansion of service by each franchised natural gas local distributioncompany to all areas of its franchise territory by July 1, 1998 or within threeyears of the time the franchise territory is awarded, whichever is later, andshall provide that any local distribution company that the Commissiondetermines is not providing adequate service to at least some portion of eachcounty within its franchise territory by July 1, 1998 or within three years ofthe time the franchise territory is awarded, whichever is later, shall forfeitits exclusive franchise rights to that portion of its territory not beingserved.

(b1)      The Commission shall issue a certificate of publicconvenience and necessity in accordance with the provisions of Article 6 ofthis Chapter for natural gas service for all areas of the State for whichcertificates have not been issued. Issuance of certificates shall be completedby January 1, 1997, and shall be made after a hearing process in which anyperson capable of providing natural gas service to an area of the State forwhich no certificate has been issued or for which no application has been madeby July 1, 1995, may apply to the Commission to be considered for the issuanceof a certificate under the provisions of this subsection. In issuing acertificate for any unfranchised area of the State, the Commission shallconsider the timeliness with which each applicant could begin providingadequate, reliable, and economical service to that area, as well as any othercriteria the Commission finds to be relevant, and the Commission may issue acertificate covering less than the total area applied for by an applicant. Ifthe Commission issues a certificate covering less than the total area appliedfor by the applicant, the applicant may refuse the certificate. In the eventthat the Commission receives no application for issuance of a certificate forservice to a particular area of the State, or in the event a certificate forservice to a particular area is not awarded for any reason, the Commissionshall issue a certificate for that area to a person or persons to whom acertificate has already been issued.

(c)        Within 180 days after all local distribution companies havefiled their initial or biennial update reports, the Commission and the PublicStaff shall independently provide analyses and summaries of those reports,together with status reports of natural gas service in the State, to the JointLegislative Utility Review Committee. (1989, c. 338, s. 1; 1993 (Reg. Sess., 1994), c. 560, s. 1; 1995, c.216, s. 1; c. 271, s. 1.)