S.L. 1965-287

NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

CHAPTER 287

HOUSE BILL 255

AN ACT TO PRESCRIBE CERTAIN RIGHTS AND RESTRICTIONS WITH RESPECT TO THE FURNISHING OF ELECTRIC SERVICE WITHIN MUNICIPALITIES AND IN AREAS OUTSIDE MUNICIPALITIES; TO PROVIDE FOR THE ESTABLISHMENT OF ELECTRIC SERVICE AREAS BY THE NORTH CAROLINA UTILITIES COMMISSION; TO REQUIRE A CERTIFICATE OF CONVENIENCE AND NECESSITY FOR THE CONSTRUCTION OF ELECTRIC GENERATING FACILITIES; TO PROVIDE FOR TAXATION OF ELECTRIC MEMBERSHIP CORPORATIONS; TO PROVIDE THAT ELECTRIC MEMBERSHIP CORPORATIONS SHALL BE SUBJECT TO THE JURISDICTION OF THE NORTH CAROLINA UTILITIES COMMISSION IN CERTAIN RESPECTS; AND TO AMEND CERTAIN PROVISIONS OF CHAPTERS 62, 105, 117, AND 160 OF THE GENERAL STATUTES OF NORTH CAROLINA.

The General Assembly of North Carolina do enact:

Section 1. Chapter 160 of the General Statutes of North Carolina is hereby amended by adding a new subchapter to be numbered Subchapter X and a new Article to be numbered Article 41, to read as follows:

"SUBCHAPTER X — ELECTRIC SERVICE IN MUNICIPAL AREAS

"ARTICLE 41

"Electric Service in Municipal Areas

"§ 160-510. Definitions. With reference to electric service within a municipality, as used in this Article, unless the context otherwise requires, the term:

"(1) 'Municipality' means the incorporated city or town;

"(2) 'Primary supplier' means the municipality, if it owns and maintains its own electric system, and means a person, firm, or corporation which furnishes electric service within the municipality pursuant to a franchise granted by, or contract with, the municipality, or which, having furnished service pursuant to a franchise or contract, is continuing to furnish service within the municipality after the expiration of the franchise or contract;

"(3) 'Secondary supplier' means a person, firm, or corporation which is furnishing electricity at retail to one or more consumers other than itself within the limits of the municipality, but which is not a primary supplier: Provided, that a primary supplier which furnishes electric service within the municipality pursuant to a franchise or contract which limits or restricts the classes of consumers or types of electric service permitted to such supplier shall, in and with respect to any area annexed by the municipality after the effective date of this Act, be a primary supplier for such classes of consumers or types of service and, if it is furnishing other electric service in the annexed area on the effective date of annexation, shall be a secondary supplier, in and with respect to such annexed area, for all other electric service; provided further, that a primary supplier which is continuing to furnish electric service after the expiration of a franchise or contract which limited or restricted such primary supplier with respect to classes of consumers or types of electric service shall, m and with respect to any area annexed by the municipality after the effective date of this Act, be a secondary supplier for all electric service if it is furnishing electric service in the annexed area on the effective date of annexation;

"(4) 'Premises' means the building, structure, or facility to which electricity is being or is to be furnished; provided, that two or more buildings, structures, or facilities which are located on one tract or contiguous tracts of land and are utilized by one electric consumer for commercial, industrial, institutional, or governmental purposes, shall together constitute one 'premises', except that any such building, structure, or facility shall not, together with any other building, structure, or facility, constitute one 'premises' if the electric service to it is separately metered and the charges for such service are calculated independently of charges for service to any other building, structure, or facility; and

"(5) 'Line' means any conductor located inside the municipality for the distribution or transmission of electricity, other than (i) in the case of overhead construction, a conductor from the pole nearest the premises of a consumer to such premises, or a conductor from a line tap to such premises, and (ii) in the case of underground construction, a conductor from the transformer (or the junction point, if there be one) nearest the premises of a consumer to such premises.

"§ 160-511. Service within present municipal corporate limits. In any municipality in which, on the effective date of this Act, a secondary supplier is furnishing electric service, the suppliers of electric service inside the corporate limits of such municipality, as such limits exist on the effective date of this Act, shall have rights and be subject to restrictions as follows:

"(1) The secondary supplier shall have the right to serve all premises being served by it, or to which any of its facilities for service are attached, on the effective date of this Act.

"(2) The secondary supplier shall have the right, subject to subparagraph (3) of this Section, to serve all premises initially requiring electric service after the effective date of this Act which are located wholly within 300 feet of its lines and located wholly more than 300 feet from the lines of the primary supplier, as such suppliers' lines exist on the effective date of this Act.

"(3) Any premises initially requiring electric service after the effective date of this Act which are located wholly within 300 feet of a secondary supplier's lines and wholly within 300 feet of another secondary supplier's lines, but wholly more than 300 feet from the primary supplier's lines, as the lines of all suppliers exist on the effective date of this Act, may be served by the secondary supplier which the consumer chooses, and no other supplier shall thereafter furnish electric service to such premises, except upon the written consent of the supplier then serving the premises.

"(4) A primary supplier shall not furnish electric service to any premises which a secondary supplier has the right to serve as set forth in subparagraphs (1), (2), and (3) of this Section, except upon the written consent of the secondary supplier.

"(5) Any premises initially requiring electric service after the effective date of this Act which are located wholly or partially within 300 feet of the primary supplier's lines and are located wholly or partially within 300 feet of the secondary supplier's lines, as such suppliers' lines exist on the effective date of this Act, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except upon the written consent of the supplier then serving the premises.

"(6) Any premises initially requiring electric service after the effective date of this Act which are located only partially within 300 feet of the secondary supplier's lines and are located wholly more than 300 feet from the primary supplier's lines, as such suppliers' lines exist on the effective date of this Act, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except upon the written consent of the supplier then serving the premises.

"(7) Except as provided in subparagraphs (1), (2), (3), (5), and (6) of this Section, a secondary supplier shall not furnish electric service inside the corporate limits of such municipality as such limits exist on the effective date of this Act, unless it first obtains the written consent of the municipality and of the primary supplier.

"§ 160-512. Service in annexed areas. In any area annexed by a municipality after the effective date of this Act in which, on the effective date of the annexation, a secondary supplier is furnishing electric service, the suppliers of electric service within the municipality shall, in and with respect to such annexed area, have rights and be subject to restrictions as follows:

"(1) The secondary supplier shall have the right to serve all premises being served by it, or to which any of its facilities for service are attached, on the effective date of the annexation.

"(2) The secondary supplier shall have the right, subject to subparagraph (3) of this Section, to serve all premises initially requiring electric service after the effective date of the annexation which are located wholly within 300 feet of its lines and located wholly more than 300 feet from the lines of the primary supplier, as such suppliers' lines exist on the effective date of the annexation.

"(3) Any premises initially requiring electric service after the effective date of the annexation which are located wholly within 300 feet of a secondary supplier's lines and wholly within 300 feet of another secondary supplier's lines, but wholly more than 300 feet from the primary supplier's lines, as the lines of all suppliers exist on the effective date of the annexation, may be served by the secondary supplier which the consumer chooses, and no other supplier shall thereafter furnish electric service to such premises, except upon written consent of the supplier then serving the premises.

"(5) Any premises initially requiring electric service after the effective date of the annexation which are located wholly or partially within 300 feet of the primary supplier's lines and are located wholly or partially within 300 feet of the secondary supplier's lines, as such suppliers' lines exist on the effective date of the annexation, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except upon the written consent of the supplier then serving the premises.

"(6) Any premises initially requiring electric service after the effective date of the annexation which are located only partially within 300 feet of the secondary supplier's lines and are located wholly more than 300 feet from the primary supplier's lines, as such suppliers' lines exist on the effective date of the annexation, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except upon the written consent of the supplier then serving the premises.

"(7) Except as provided in subparagraphs (1), (2), (3), (5), and (6) of this Section, and except as provided in Sections 160-511 and 160-513, a secondary supplier shall not furnish electric service inside the corporate limits of such municipality, unless it first obtains the written consent of the municipality and of the primary supplier.

"§ 160-513. Service within newly incorporated municipality. (a) In any municipality which is newly incorporated after the effective date of this Act in which, on the effective date of the incorporation, there is more than one supplier of electric service, all suppliers of electric service therein shall continue to have the rights and be subject to the restrictions in effect prior to the incorporation of the municipality until there is a primary supplier within such municipality.

"(b) When, in any such newly incorporated municipality, a primary supplier comes into being and at such time a secondary supplier is furnishing electric service in said municipality, the suppliers of electric service shall have rights and be subject to restrictions as follows:

"(1) The secondary supplier shall have the right to serve all premises being served by it, or to which any of its facilities for service are attached, on the date a primary supplier comes into being.

"(2) The secondary supplier shall have the right, subject to subparagraph (3) of this subsection, to serve all premises initially requiring electric service after the date a primary supplier comes into being which are located wholly within 300 feet of its lines and located wholly more than 300 feet from the lines of the primary supplier, as such suppliers' lines exist on said date.

"(3) Any premises initially requiring electric service after the date a primary supplier comes into being which are located wholly within 300 feet of a secondary supplier's lines and wholly within 300 feet of another secondary supplier's lines, but wholly more than 300 feet from the primary 331 supplier's lines, as the lines of all suppliers exist on said date, may be served by the secondary supplier which the consumer chooses, and no other supplier shall thereafter furnish electric service to such premises, except upon the written consent of the supplier then serving the premises.

"(4) A primary supplier shall not furnish electric service to any premises which a secondary supplier has the right to serve as set forth in subparagraphs (1), (2), and (3) of this subsection, except upon the written consent of the secondary supplier.

"(5) Any premises initially requiring electric service after the date a primary supplier comes into being which are located wholly or partially within 300 feet of the primary supplier's lines and are located wholly or partially within 300 feet of the secondary supplier's lines, as such suppliers' lines exist on said date, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except upon the written consent of the supplier then serving the premises.

"(6) Any premises initially requiring electric service after the date a primary supplier comes into being which are located only partially within 300 feet of the secondary supplier's lines and are located wholly more than 300 feet from the primary supplier's lines, as such suppliers' lines exist on said date, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except upon the written consent of the supplier then serving the premises.

"(7) Except as provided in subparagraphs (1, (2), (3), (5), and (6) of this subsection, a secondary supplier shall not furnish electric service inside the corporate limits of such municipality as such limits exist on the date a primary supplier comes into being, unless it first obtains the written consent of the municipality and of the primary supplier.

"§ 160-514. Temporary electric service. No electric supplier shall furnish temporary electric service for the construction of premises which it would not have the right to serve under this Article if such premises were already constructed. The construction of lines for, and the furnishing of, temporary service for the construction of premises which any other electric supplier, if chosen by the consumer, would have the right to serve if such premises were already constructed, shall not impair the right of such other electric supplier to furnish service to such premises after the construction thereof, if then chosen by the consumer; nor, unless the consumer chooses to have such premises served by the supplier which furnished the temporary service, shall the furnishing of such temporary service or the construction of a line therefor impair the right of any other electric supplier to furnish service to any other premises which, without regard to the construction of such temporary service line, it has the right to serve.

"§ 160-515. Jurisdiction of North Carolina Utilities Commission. Notwithstanding the provisions of Sections 160-511, 160-512, 160-513, and 160-514 of this Article:

"(1) The North Carolina Utilities Commission shall have the authority and jurisdiction, after notice to the affected electric suppliers and after hearing, if a hearing is requested by any affected electric supplier or any other interested party, to order a primary supplier which is subject to the jurisdiction of said Commission to furnish electric service to any consumer who desires service from such primary supplier at any premises being served by a secondary supplier, or at premises which a secondary supplier has the right to serve pursuant to other Sections of this Article, and to order such secondary supplier to cease and desist from furnishing electric service to such premises, upon the Commission's finding that service being furnished or to be furnished to such consumer by such secondary supplier is or will be inadequate or undependable, or that the rates, conditions of service or service regulations, applied to such consumer, are unreasonably discriminatory; and

"(2) The North Carolina Utilities Commission shall have the authority and jurisdiction, after notice to the affected secondary supplier and after hearing, if a hearing is requested by the affected secondary supplier or any other interested party, to order any secondary supplier to cease and desist from furnishing electric service to any premises being served by it, or to any premises which it has the right to serve pursuant to other Sections of this Article, if the consumer desires service at such premises from a primary supplier which is not subject to the, jurisdiction of the Commission and which is willing to furnish service to such premises, upon the Commission's finding that service being furnished or to be furnished to such consumer by such secondary supplier is or will be inadequate or undependable, or that the rates, conditions of service or service regulations, applied to such consumer, are unreasonably discriminatory.

"§ 160-516. Removal, sale, and transfer of electric facilities. A secondary supplier may voluntarily discontinue its service to any premises and remove any of its electric facilities located inside the limits of a municipality or sell and transfer such facilities to a primary supplier in such municipality, subject to approval by the North Carolina Utilities Commission, upon the Commission's determination that the public interest will not thereby be adversely affected.

"§ 160-517. Electric service for municipal facilities. No provisions of this Article shall prevent a municipality which is a primary supplier from furnishing its own electric service for municipal facilities, or prevent any other primary supplier from furnishing electric street lighting service to a municipality inside the municipality.

"§ 160-518. Effect of this Article on rights and duties of primary supplier. Except for the rights granted to and restrictions upon primary suppliers contained in the provisions of this Article, nothing in this Article shall diminish, enlarge, alter, or affect in any way the rights and duties of a primary supplier to furnish electric service to premises within the limits of a municipality.

"§ 160-519. Electric suppliers subject to police power. No provisions of this Article shall restrict the exercise of the police power of a municipality over the erection and maintenance of poles, wires and other facilities of electric suppliers in streets, alleys, and public ways."

Sec. 2. Chapter 62 of the General Statutes is hereby amended by adding a new Section to be numbered 62-110.1, to read as follows:

"§ 62-110.1. Certificate for construction of a generating facility. (a) Notwithstanding the proviso in G.S. 62-110, no public utility or other person shall begin the construction of any steam, water, or other facility for the generation of electricity to be directly or indirectly used for the furnishing of public utility service, even though the facility be for furnishing the service already being rendered, without first obtaining from the Commission a certificate that public convenience and necessity requires, or will require, such construction.

"(b) For the purpose of this Section, 'public utility' shall include any electric membership corporation operating within this State, and the term 'public utility service' shall include the service rendered by any such electric membership corporation."

Sec. 3. Chapter 62 of the General Statutes is hereby amended by adding a new Section to be numbered 62-82, to read as follows:

"§ 62-82. Special procedure in hearing and deciding application for certificate for a generating facility; additional appeal bond in certain cases. (a) Whenever there is filed with the Commission an application for a certificate of public convenience and necessity for the construction of a facility for the generation of electricity under G.S. 62-110.1, the Commission shall require the applicant to publish a notice thereof once a week for four successive weeks in a daily newspaper of general circulation in the county where such facility is proposed to be constructed, and thereafter the Commission, upon complaint shall, or upon its own initiative may, upon reasonable notice, enter upon a hearing to determine whether such certificate shall be awarded. Any such hearing must be commenced by the Commission not later than three (3) months after the filing of such application, and the procedure for rendering decisions therein shall be given priority over all other cases on the Commission's calendar of hearings and decisions, except rate proceedings referred to in G.S. 62-81. Such applications shall be heard by the full Commission, and the Commission shall furnish a transcript of evidence and testimony submitted by the end of the second business day after the taking of each day of testimony. The Commission shall require that briefs and oral arguments in such cases be submitted within thirty (30) days after the conclusion of the hearing, and the Commission shall render its decision in such cases within sixty (60) days after submission of such briefs and arguments. If the Commission does not, upon its own initiative, order a hearing and does not receive a complaint within ten (10) days after the last day of publication of the notice, the Commission shall enter an order awarding the certificate.

"(b) Any party or parties opposing, and appealing from, an order of the Commission which awards a certificate under G.S. 62-110.1 shall be obligated to recompense the party to whom the certificate is awarded, if such award is affirmed upon appeal, for the damages, if any, which such party sustains by reason of the delay in beginning the construction of the facility which is occasioned by the appeal, such damages to be measured by the increase in the cost of such generating facility (excluding legal fees, court costs, and other expenses incurred in connection with the appeal). No appeal from any order of the Commission which awards any such certificate may be taken by any party opposing such award unless, within the time limit for filing notice of appeal as provided for in G.S. 62-90, such party shall have filed with the Commission a bond with sureties approved by the Commission, or an undertaking approved by the Commission, m such amount as the Commission determines will be reasonably sufficient to discharge the obligation hereinabove imposed upon such appealing party. The Commission may, when there are two or more such appealing parties permit them to file a joint bond or undertaking. If the award order of the Commission is affirmed on appeal, the Commission shall determine the amount, if any, of damages sustained by the party to whom the certificate was awarded, and shall issue appropriate orders to assure that such damages be paid and, if necessary, that the bond or undertaking be enforced."

Sec. 4. Section 62-99 of the General Statutes is hereby amended by rewriting said Section, to read as follows:

"§ 62-99. Rate increases and generating facility orders appealed direct from Commission to Supreme Court. Appeals from an order or decision of the Commission approving or authorizing an increase m the rates or charges of a public utility and from an order or decision of the Commission awarding or denying a certificate of convenience and necessity under G.S. 62-110.1 shall be made directly from the Commission to the Supreme Court without intermediate review in the Superior Court. The Commission shall transmit the entire record in all such appeals direct to the Supreme Court for hearing and review in accordance with the extent of review set out in this Article for review of Commission cases, and the rules and regulations as are prescribed by law for appeals."

Sec 5. Chapter 62 of the General Statutes is hereby amended by adding a new Section to be numbered 62-110.2, to read as follows:

"§ 62-110.2. Electric service areas outside of municipalities. (a) As used in this Section, unless the context otherwise requires, the term:

"(1) 'Premises' means the building, structure, or facility to which electricity is being or is to be furnished; provided, that two or more buildings, structures, or facilities which are located on one tract or contiguous tracts of land and are utilized by one electric consumer for commercial, industrial, institutional, or governmental purposes, shall together constitute one 'premises', except that any such building, structure, or facility shall not, together with any other building, structure, or facility, constitute one 'premises' if the electric service to it is separately metered and the charges for such service are calculated independently of charges for service to any other building, structure, or facility; and

"(2) 'Line' means any conductor for the distribution or transmission of electricity, other than (i) in the case of overhead construction a conductor from the pole nearest the premises of a consumer to such premises or a conductor from a line tap to such premises, and (ii) in the case of underground construction, a conductor from the transformer (or junction point, if there be one) nearest the premises of a consumer to such premises.

"(3) 'Electric supplier' means any public utility furnishing electric service or any electric membership corporation.

"(b) In areas outside of municipalities, electric suppliers shall have rights and be subject to restrictions as follows:

"(1) Every electric supplier shall have the right to serve all premises being served by it, or to which any of its facilities for service are attached, on the effective date of this Act.

"(2) Every electric supplier shall have the right, subject to subparagraph (4) of this subsection, to serve all premises initially requiring electric service after the effective date of this Act which are located wholly within 300 feet of such electric supplier's lines as such lines exist on the effective date of this Act, except premises which, on said date, are being served by another electric supplier or to which any of another electric supplier's facilities for service are attached.

"(3) Every electric supplier shall have the right, subject to subparagraph (4) of this subsection, to serve all premises initially requiring electric service after the effective date of this Act which are located wholly within 300 feet of lines that such electric supplier constructs after the effective date of this Act to serve consumers that it has the right to serve, except premises located wholly within a service area assigned to another electric supplier pursuant to subsection (c) hereof.

"(4) Any premises initially requiring electric service after the effective date of this Act, which are located wholly or partially within 300 feet of the lines of one electric supplier and also wholly or partially within 300 feet of the lines of another electric supplier, as each of such supplier's lines exist on the effective date of this Act, or as extended to serve consumers that the supplier has the right to serve, may be served by such one of said electric suppliers which the consumer chooses, and any electric supplier not so chosen by the consumer shall not thereafter furnish service to such premises.

"(5) Any premises initially requiring electric service after the effective date of this Act which are not located wholly within 300 feet of the lines of any electric supplier and are not located partially within 300 feet of the lines of two or more electric suppliers may be served by any electric supplier which the consumer chooses, unless such premises are located wholly or partially within an area assigned to an electric supplier pursuant to subsection (c) hereof, and any electric supplier not so chosen by the consumer shall not thereafter furnish service to such premises.

"(6) Any premises initially requiring electric service after the effective date of this Act which are located partially within a service area assigned to one electric supplier and partially within a service area assigned to another electric supplier pursuant to subsection (c) hereof, or are located partially within a service area assigned to one electric supplier pursuant to subsection (c) hereof and partially within 300 feet of the lines of another electric supplier, as such lines exist on the effective date of this Act or as extended to serve consumers it has the right to serve, may be served by such one of said electric suppliers which the consumer chooses, and the electric supplier not so chosen shall not thereafter furnish service to such premises.

"(7) Any premises initially requiring electric service after the effective date of this Act which are located only partially within a service area assigned to one electric supplier pursuant to subsection (c) hereof and are located wholly outside the service areas assigned to other electric suppliers and are located wholly more than 300 feet from other electric suppliers' lines, may be served by any electric supplier which the consumer chooses, and any electric supplier not so chosen by the consumer shall not thereafter furnish service to such premises.

"(8) Every electric supplier shall have the right to serve all premises located wholly within the service area assigned to it pursuant to subsection (c) hereof.

"(9) No electric supplier shall furnish temporary electric service for the construction of premises which it would not have the right to serve under this subsection if such premises were already constructed. The construction of lines for, and the furnishing of, temporary service for the construction of premises which any other electric supplier, if chosen by the consumer, would have the right to serve if such premises were already constructed, shall not impair the right of such other electric supplier to furnish service to such premises after the construction thereof, if then chosen by the consumer; nor, unless the consumer chooses to have such premises served by the supplier which furnished the temporary service, shall the furnishing of such temporary service or the construction of a line therefor impair the right of any other electric supplier to furnish service to any other premises which, without regard to the construction of such temporary service line, it has the right to serve.

"(10) No electric supplier shall furnish electric service to any premises in this State outside the limits of any incorporated city or town except as permitted by this Section; provided, that nothing in this Section shall restrict the right of an electric supplier to furnish electric service to itself or to exchange or interchange electric energy with, purchase electric energy from or sell electric energy to any other electric supplier.

"(c) (1) In order to avoid unnecessary duplication of electric facilities, the Commission is authorized and directed to assign, as soon as practicable after January 1, 1966, to electric suppliers all areas, by adequately defined boundaries, that are outside the corporate limits of municipalities and that are more than 300 feet from the lines of all electric suppliers as such lines exist on the dates of the assignments; provided, that the Commission may leave unassigned any area in which the Commission, in its discretion, determines that the existing lines of two or more electric suppliers are in such close proximity that no substantial avoidance of duplication of facilities would be accomplished by assignment of such area. The Commission shall make assignments of areas in accordance with public convenience and necessity, considering among other things, the location of existing lines and facilities of electric suppliers and the adequacy and dependability of the service of electric suppliers, but not considering rate differentials among electric suppliers.

"(2) The Commission, upon agreement of the affected electric suppliers, is authorized to reassign to one electric supplier any area or portion thereof theretofore assigned to another; and the Commission, notwithstanding the lack of such agreement, is authorized to reassign to one electric supplier any area or portion thereof theretofore assigned to another, except premises being served by the other electric supplier or to which any of its facilities for service are attached and except such portions of such area as are within 300 feet of the other electric supplier's lines, upon finding that such reassignment is required by public convenience and necessity. In determining whether public convenience and necessity requires such reassignment, the Commission shall consider, among other things, the adequacy and dependability of the service of the affected electric suppliers, but shall not consider rate differentials between such electric suppliers.

"(d) Notwithstanding the provisions of subsections (b) and (c) of this Section: (1) Any electric supplier may furnish electric service to any consumer who desires service from such electric supplier at any premises being served by another electric supplier, or at premises which another electric supplier has the right to serve pursuant to other provisions of this Section, upon agreement of the affected electric suppliers; and (2) The Commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and after hearing, if a hearing is requested by any affected electric supplier or any other interested party, to order any electric supplier which may reasonably do so to furnish electric service to any consumer who desires service from such electric supplier at any premises being served by another electric supplier, or at premises which another electric supplier has the right to serve pursuant to other provisions of this Section, and to order such other electric supplier to cease and desist from furnishing electric service to such premises, upon finding that service to such consumer by the electric supplier which is then furnishing service, or which has the right to furnish service, to such premises, is or will be inadequate or undependable, or that the rates, conditions of service or service regulations applied to each consumer, are unreasonably discriminatory.

"(e) The furnishing of electric service in any area which becomes a part of any municipality after the effective date of this Act, either by annexation or incorporation, (whether or not such area, or any portion thereof, shall have been assigned pursuant to subsection (c) of this Section) shall be subject to the provisions of Article 41 of Subchapter X of Chapter 160 of the General Statutes, and any provisions of this Section inconsistent with said Article shall not be applicable within such area after the effective date of such annexation or incorporation."

Sec. 6. Section 62-42 of the General Statutes is hereby amended by adding at the end thereof a new subsection to be designated (c), to read as follows:

"(c) For the purpose of this Section, 'public utility' shall include any electric membership corporation operating within this State."

Sec. 7. Section 62-138 of the General Statutes is hereby amended by adding at the end thereof a new subsection to be designated (f), to read as follows:

"(f) Under such rules as the Commission may prescribe, every electric membership corporation operating within this State shall file with the Commission, for information purposes, all rates, schedules of rates, charges, service regulations, and forms of service contracts, used or to be used within the State, and shall keep copies of such schedules, rates, charges, service regulations, and contracts open to public inspection."

Sec. 8. Section 62-140 of the General Statutes is hereby amended by adding at the end of subsection (c) thereof a new sentence, to read as follows: "For the purpose of this subsection, 'public utility' shall include any electric membership corporation operating within this State, and the terms 'utility service' and 'public utility service' shall include the service rendered by any such electric membership corporation."

Sec. 9. Chapter 117 of the General Statutes is hereby amended by adding thereto a new Section to be numbered 117-10.1, to read as follows:

"§ 117-10.1. Municipal franchises. An electric membership corporation shall be eligible to receive a franchise pursuant to G.S. 160-2(6) from any city or town:

"(1) in which such electric membership corporation is on the effective date of this Act furnishing electric service at retail to a majority of the electric meters; or

"(2) to which such electric membership corporation is on the effective date of this Act furnishing the entire supply of electricity at wholesale; or

"(3) which is newly incorporated subsequent to the effective date of this Act, and in which on the effective date of such incorporation the electric membership corporation is furnishing electric service at retail to a majority of the meters."

Sec. 10. Chapter 117 of the General Statutes is hereby amended by adding a new Section to be numbered 117-10.2, to read as follows:

"§ 117-10.2. Restriction on municipal service. No electric membership corporation shall furnish electric service to, or within the limits of, any incorporated city or town, except pursuant to a franchise that may be granted under the provisions of G.S. 117-10.1, or as permitted under G.S. 160-511, G.S. 160-512, and G.S. 160-513; provided, that an electric membership corporation may furnish electric service to, or within the limits of, any incorporated city or town if the city or town and all electric suppliers, including public utilities, other electric membership corporations and other cities or towns, then furnishing electric service to or within such city or town consent thereto in writing."

Sec. 11. Chapter 117 of the General Statutes is hereby amended by adding thereto a new Section, to be numbered 117-16.1, to read as follows:

"§ 117-16.1. Discrimination prohibited. No electric membership corporation shall, as to rates or services, make or grant any unreasonable preference or advantage to any member or subject any member to any unreasonable prejudice or disadvantage. No electric membership corporation shall establish or maintain any unreasonable difference as to rates or services either as between localities or as between classes of service. No electric membership corporation shall give, pay, or receive any rebate or bonus, directly or indirectly, or mislead or deceive its members in any manner as to rates charged for the services of such electric membership corporation."

Sec. 12. Section 117-19 of the General Statutes is hereby repealed, and a new Section, to be numbered 117-19, is hereby substituted in lieu thereof, to read as follows:

"§ 117-19. Taxes and assessments. (a) From and after the effective date of this Act, no electric membership corporation heretofore or hereafter organized, reorganized, or domesticated under the provisions of this Chapter shall be a public agency; nor shall any such corporation be, or have the rights of, a political subdivision of the State.

"(b) With respect to its properties owned and revenues received on and after January 1, 1967, each electric membership corporation operating within the State shall be subject to, and shall pay taxes and assessments under, all laws relative to State, county, municipal and other local taxes and assessments applicable to the electric light and power companies in this State, except income tax.

"(c) Each electric membership corporation operating in this State shall, on all of its properties located within any incorporated city or town, pay in lieu of taxes to such cities and towns and to the counties in which such cities and towns are located, amounts equal for 1965 to fifty per cent (50%), and equal for 1966 to one hundred per cent (100%), of the ad valorem property taxes that would be paid on such properties if such properties were owned by persons fully subject to such taxes.

"(d) For the privilege of engaging in business in one or more incorporated cities or towns for the period beginning May 1, 1965, and ending December 31, 1966, or any part of such period, an electric membership corporation shall pay to the State an amount equal to six per cent (6%) of its gross receipts received within such period from the business of furnishing electricity to or within all such cities and towns, less, however, six per cent (6%) of such amount as such electric membership corporation has paid with respect to such sales to any public utility which pays a six per cent (6%) franchise tax to the State on its wholesale sales of electricity to such electric membership corporation. The reporting, payment, and collection provisions of G.S. 105-116 shall apply to the levy herein made. The State shall remit to such cities and towns the same proportion of such payments, and in the same manner, as is provided in G.S. 105-116 with respect to taxes paid by electric light and power companies.

"(e) Except as provided in subsections (c) and (d) of this Section, no electric membership corporation shall be subject during the years 1965 and 1966 to any tax levied by Chapter 105 of the General Statutes except those taxes to which it was subject on December 31, 1964."

Sec. 13. Section 117-20 of the General Statutes is hereby amended by deleting the words inside the parentheses beginning on line 2 and ending on line 4, and by inserting in lieu thereof new wording to read as follows:

"other than merchandise and property which lie within the limits of an incorporated city or town, or which shall represent not in excess of ten per cent (10%) of the total value of the corporation's assets, or which in the judgment of the Board are not necessary or useful in operating the corporation."

Sec. 14. Section 117-24 of the General Statutes is hereby amended by deleting therefrom the last sentence, which reads as follows:

"Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall pass to and become the property of the State."

and by inserting in lieu thereof the following:

"Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall be distributed among the members in such manner as is provided for in the corporation's charter or bylaws, and the charter or bylaws may provide for distributions to persons who were members in one or more prior years."

Sec. 15. Section 117-27 of the General Statutes is hereby repealed.

Sec. 16. Section 105-114 of the General Statutes is hereby amended by adding immediately following the period after the words "statutory authority" in line 19 thereof a new sentence, to read as follows:

"The term 'corporation' as used in this Article shall also mean and include any electric membership corporation organized under Chapter 117, and any electric membership corporation, whether or not organized under the laws of this State, doing business within the State."

Sec. 17. Section 105-355 of the General Statutes is hereby amended by:

Deleting the period at the end of the title thereof following the words "public utility companies" and inserting in lieu thereof a comma, and adding the following: "and electric membership corporations.";

Inserting after the comma following the words "eminent domain" in line 4 thereof the following: "and every electric membership corporation,";

Deleting the period at the end of subparagraph (1) and inserting in lieu thereof a comma, and adding thereafter the following: "if any.";

Deleting the period at the end of subparagraph (2) and inserting in lieu thereof a comma, and adding thereafter the following: "or, in the case of an electric membership corporation, the amount of its outstanding membership fees and the amount of its outstanding capital credits, or, if it has not adopted a capital credits plan, the amount of its unrefunded patronage margins."; and

Deleting the period at the end of subparagraph (4) and inserting in lieu thereof a semicolon, and adding thereafter the following: "or, in the case of an electric membership corporation, the actual value of the capital of the corporation other than debt."

Sec. 18. The provisions of this Act shall not apply to pending litigation.

Sec. 19. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 20. This Act shall be in full force and effect from and after its ratification, except that the provisions of Sections 16 and 17 of this Act shall be in full force and effect on and after January 1, 1967.

In the General Assembly read three times and ratified, this the 20th day of April, 1965.