§ 62-42. Compelling efficient service, extensions of services and facilities, additions and improvements. - North Carolina Statutes

§ 62‑42. Compelling efficient service, extensions of services and facilities, additionsand improvements.

(a)        Except as otherwise limited in this Chapter, whenever theCommission, after notice and hearing had upon its own motion or upon complaint,finds:

(1)        That the service of any public utility is inadequate,insufficient or unreasonably discriminatory, or

(2)        That persons are not served who may reasonably be served, or

(3)        That additions, extensions, repairs or improvements to, orchanges in, the existing plant, equipment, apparatus, facilities or otherphysical property of any public utility, of any two or more public utilitiesought reasonably to be made, or

(4)        That it is reasonable and proper that new structures shouldbe erected to promote the security or convenience or safety of its patrons,employees and the public, or

(5)        That any other act is necessary to secure reasonablyadequate service or facilities and reasonably and adequately to serve thepublic convenience and necessity,

theCommission shall enter and serve an order directing that such additions,extensions, repairs, improvements, or additional services or changes shall bemade or affected within a reasonable time prescribed in the order. This sectionshall not apply to terminal or terminal facilities of motor carriers ofproperty.

(b)        If such order is directed to two or more public utilities,the utilities so designated shall be given such reasonable time as theCommission may grant within which to agree upon the portion or division of thecost of such additions, extensions, repairs, improvements or changes which eachshall bear. If at the expiration of the time limited in the order of theCommission, the utility or utilities named in the order shall fail to file withthe Commission a statement that an agreement has been made for division orapportionment of the cost or expense, the Commission shall have the authority,after further hearing in the same proceeding, to make an order fixing theportion of such cost or expense to be borne by each public utility affected andthe manner in which the same shall be paid or secured.

(c)        For the purpose of this section, "public utility"shall include any electric membership corporation operating within this State. (1933, c. 307, s. 10; 1949, c. 1029, s. 2; 1963, c.1165, s. 1; 1965, c. 287, s. 6; 1985, c. 676, s. 7.)