§ 62-48. Appearance before courts and agencies. - North Carolina Statutes

§ 62‑48. Appearance before courts and agencies.

(a)        The Commission is authorized and empowered to initiate orappear in such proceedings before federal and State courts and agencies as inits opinion may be necessary to secure for the users of public utility servicein this State just and reasonable rates and service; provided, however, thatthe Commission shall not appear in any State appellate court in support of anyorder or decision of the Commission entered in a proceeding in which a publicutility had the burden of proof.

(b)        The Commission may, when appearing before federal courts andagencies on behalf of the using and consuming public in matters relating to thewholesale rates and supply of natural gas, employ, subject to the approval ofthe Governor, private legal counsel and be reimbursed for any resulting legalfees and costs from past and future refunds received by the North Carolinanatural gas distribution companies, and may establish procedures for thosenatural gas distribution companies to set aside reasonable amounts of thoserefunds for this purpose. The Commission is also authorized to establishprocedures whereby the State may be reimbursed from past and future refundsreceived by the North Carolina natural gas distribution companies for travelexpenses incurred by staff members of the Commission and Public Staffdesignated to provide assistance to the Commission's private legal counsel innatural gas matters before federal courts and agencies. (1899, c. 164, s. 14; Rev., s. 1110; 1907, c. 469, s.5; C.S., s. 1075; 1929, c. 235; 1933, c. 134, s. 8; 1941, c. 97; 1963, c. 1165,s. 1; 1977, c. 468, s. 11; 1985, c. 312, s. 1; 1985 (Reg. Sess., 1986), c.1014, s. 233.)