§ 62-134. Change of rates; notice; suspension and investigation.
§ 62‑134. Changeof rates; notice; suspension and investigation.
(a) Unless the Commission otherwise orders, no public utilityshall make any changes in any rate which has been duly established under thisChapter, except after 30 days' notice to the Commission, which notice shallplainly state the changes proposed to be made in the rates then in force, andthe time when the changed rates will go into effect. The public utility shallalso give such notice, which may include notice by publication, of the proposedchanges to other interested persons as the Commission in its discretion maydirect. All proposed changes shall be shown by filing new schedules, or shallbe plainly indicated upon schedules filed and in force at the time and keptopen to public inspection. The Commission, for good cause shown in writing, mayallow changes in rates without requiring the 30 days' notice, under suchconditions as it may prescribe. All such changes shall be immediately indicatedupon its schedules by such public utility.
(b) Whenever there is filed with the Commission by any publicutility any schedule stating a new or revised rate or rates, the Commissionmay, either upon complaint or upon its own initiative, upon reasonable notice,enter upon a hearing concerning the lawfulness of such rate or rates. Pendingsuch hearing and the decision thereon, the Commission, upon filing with suchschedule and delivering to the public utility affected thereby a statement inwriting of its reasons therefor, may, at any time before they become effective,suspend the operation of such rate or rates, but not for a longer period than270 days beyond the time when such rate or rates would otherwise go intoeffect. If the proceeding has not been concluded and an order made within theperiod of suspension, the proposed change of rate shall go into effect at theend of such period. After hearing, whether completed before or after the rategoes into effect, the Commission may make such order with respect thereto aswould be proper in a proceeding instituted after it had become effective.
(c) At any hearing involving a rate changed or sought to bechanged by the public utility, the burden of proof shall be upon the publicutility to show that the changed rate is just and reasonable.
(d) Notwithstanding the provisions of this Article, any publicutility engaged solely in distributing electricity to retail customers, whichelectricity has been purchased at wholesale rates from another public utility,an electric membership corporation or a municipality, may in its discretion,and without the necessity of public hearings as in this section is otherwiseprovided, elect to adopt the same retail rates to customers charged by thepublic utility, electric membership corporation or municipality from whom the wholesalepower is purchased for the same service, unless the North Carolina UtilityCommission finds upon a hearing, either on its own initiative or uponcomplaint, that the rate of return earned by such utility upon the basis ofsuch rates is unjust and unreasonable. In such a proceeding the burden of proofshall be upon the electrical distribution company.
(e) Repealed by Session Laws 1981 (Regular Session, 1982), c.1197, s. 2.
(f) The Commission may adopt rules prescribing the informationand exhibits required to be filed with any applications, or tariff for anincrease in utility rates, including but not limited to all of the evidence orproof through the end of the test period which the utility will rely on at anyhearing on such increase, and the Commission may suspend such increase untilsuch data, information or exhibits are filed, in addition to the time providedfor suspension of such increase in other provisions of this Chapter.
(g) The provisions of this section shall not be applicable tobus companies or to their rates, fares or tariffs.
(h) Notwithstanding the requirements of subsections (a) and (b)of this section, the Commission may, in lieu of fixing specific rates ortariffs for competitive services offered by a public utility defined in G.S. 62‑3(23)a.6.,adopt practices and procedures to permit pricing flexibility, detariffingservices, or both. In exercising its authority to permit pricing flexibility,detariffing of services, or both, the Commission shall first determine that theservice is competitive. After a determination that the service is competitive,the Commission shall consider the following in deciding whether to permitpricing flexibility, detariffing of services, or both:
(1) The extent to which competing telecommunications servicesare available from alternative providers in the relevant geographic or servicemarket;
(2) The market share, growth in market share, ease of entry, andaffiliations of alternative providers;
(3) The size and number of alternative providers and the abilityof such alternative providers to make functionally equivalent or substituteservices readily available at competitive rates and on competitive terms andconditions;
(4) Whether the exercise of Commission authority producestangible benefits to consumers that exceed those available by reliance onmarket forces;
(5) Whether the exercise of Commission authority inhibits thepublic utility from competing with unregulated providers of functionallyequivalent telecommunications services;
(6) Whether the existence of competition tends to preventabuses, unjust discrimination or excessive charges for the service or facilityoffered;
(7) Whether the public utility would gain an unfair advantage inits competitive activities; and
(8) Any other relevant factors protecting the public interest.
(i) On motion of any interested party and for good cause shown,the Commission shall hold hearings prior to adopting any pricing flexibility ordetariffing of services permitted under this section. The Commission may also revokea determination made under this section when the Commission determines, afternotice and opportunity to be heard, that the public interest requires that therates and charges for the service be more fully regulated.
(j) Notwithstanding the provisions of G.S. 62‑140, theCommission may permit public utilities subject to subsection (h) of thissection to offer competitive services to business customers upon agreementbetween the public utility and the customer provided the services arecompensatory and cover the costs of providing the service. (1933, c. 307, s. 7; 1939, c. 365, s. 3; 1941, c. 97;1945, c. 725; 1947, c. 1008, s. 24; 1949, c. 1132, s. 22; 1959, c. 422; 1963,c. 1165, s. 1; 1971, c. 551; 1973, c. 1444; 1975, c. 243, s. 8; c. 510, c. 867,s. 7; 1981 (Reg. Sess., 1982), c. 1197, s. 2; 1985, c. 676, s. 15(3); 1989, c.112, s. 3.)