§ 62-81. Special procedure in hearing and deciding rate cases. - North Carolina Statutes

§ 62‑81.  Specialprocedure in hearing and deciding rate cases.

(a)        All cases or proceedings, declared to be or properlyclassified as general rate cases under G.S. 62‑137, or any proceedingswhich will substantially affect any utility's overall level of earnings or rateof return, shall be set for trial or hearing by the Commission, which trial orhearing shall be set to commence within six months of the institution or filingthereof, and all such cases or proceedings shall be tried or heard and decided,with the issuance of  a final order, by the Commission within nine months ofthe institution or filing thereof. All such cases or proceedings shall be triedor heard and decided in accordance with the rate‑making procedure setforth in G.S. 62‑133 and such cases shall be given priority over allother cases or proceedings pending before the Commission. In all such cases theCommission shall make a transcript of the evidence and testimony presented andreceived by it and shall furnish a copy thereof to any party so requesting bythe third business day after the taking of such evidence and testimony.

(b)        Any public utility filing or applying for an increase inrates  for electric, telephone, natural gas or water service shall notify itscustomers proposed to be affected by such increase of such filing by regularmail or by newspaper publications, as directed by the Commission, within 30days of such filing, which notice shall state that the Commission shall set andshall conduct a trial or hearing with respect to such filing or applicationwithin six months of said filing date. All other public utilities shall givesuch notice in such manner as shall be prescribed by the Commission.

(c)        In cases or proceedings filed with and pending before theCommission, where the total annual revenue requested, or where the total annualrevenue increase requested, is less than three hundred thousand dollars($300,000), even though all or a substantial portion of the rate structure isbeing initially established or is under review, the chairman of the Commissionmay refer the proceeding to a panel of three commissioners or to a hearingcommissioner or to a hearing examiner for hearing.

(d)        In all proceedings for an increase in rates and all otherproceedings declared to be general rate cases under G.S. 62‑137, theCommission shall conduct the hearing or portions of the hearing within the areaof the State served by the public utility whose rates are under consideration,provided this subsection shall not apply to proceedings held pursuant to G.S.62‑134(e) and 62‑133(f).

(e)        Notwithstanding the provisions of this section, applicationby any public utility for permission and authority to adjust its rates andcharges based solely upon the cost of fuel used in the generation or productionof electric power shall be determined in accordance with the provisions of G.S.62‑134(e).

(f)         Notwithstanding the provisions of this section, or otherprovisions of this Chapter which would otherwise require a hearing, where thereis no significant public protest received within 30 days of the publication ofnotice of a proposed rate change for a water or sewer utility, the Commissionmay decide the proceeding based on the record without a trial or hearing,provided said utility and all other parties of record have waived their rightto any such hearing. Any decision made pursuant to this subsection shall bemade in accordance with the provisions of G.S. 62‑133 or 62‑133.1. (1963, c. 1165, s. 1;  1973, c. 1074; 1975, c. 45; c.243, ss. 6, 9; c. 867, s. 6; 1977, c. 468, s. 15; 1981, c. 193, s. 3; c. 439.)