62-135. Temporary rates under bond.
(a) Notwithstanding an order of suspension of an increase in rates, any public utility except a common carrier may, subject to the provisions of subsections (b), (c) and (d) hereof, put such suspended rate or rates into effect upon the expiration of six months after the date when such rate or rates would have become effective, if not so suspended, by notifying the Commission and its consumers of its action in making such increase not less than 10 days prior to the day when it shall be placed in effect; provided, however, that utilities engaged in the distribution of utility commodities bought at wholesale by the utility for distribution to consumers may put such suspended rate or rates, to the extent occasioned by changes in the wholesale rate of such utility commodity, into effect at the expiration of 30 days after the date when such rate or rates would become effective if not so suspended; provided that no rate or rates shall be left in effect longer than one year unless the Commission shall have rendered its decision upon the reasonableness thereof within such period. This section to become effective July 1, 1963.
(b) No rate or rates placed in effect pursuant to this section shall result in an increase of more than twenty percent (20%) on any single rate classification of the public utility.
(c) No rate or rates shall be placed in effect pursuant to this section until the public utility has filed with the Commission a bond in a reasonable amount approved by the Commission, with sureties approved by the Commission, or an undertaking approved by the Commission, conditioned upon the refund in a manner to be prescribed by order of the Commission, to the persons entitled thereto of the amount of the excess plus interest from the date that such rates were put into effect, if the rate or rates so put into effect are finally determined to be excessive. The amount of said interest shall be determined pursuant to G.S. 62-130(e).
(d) If the rate or rates so put into effect are finally determined to be excessive, the public utility shall make refund of the excess plus interest to its customers within 30 days after such final determination, and the Commission shall set forth in its final order the terms and conditions for such refund. If such refund is not paid in accordance with such order, any persons entitled to such refund may sue therefor, either jointly or severally, and be entitled to recover, in addition to the amount of the refund, all court costs and reasonable attorney fees for the plaintiff, to be fixed by the court. (1933, c. 307, s. 7; 1959, c. 422; 1963, c. 1165, s. 1; 1981, c. 461, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 7 - Rates of Public Utilities.
§ 62-130 - Commission to make rates for public utilities.
§ 62-131 - Rates must be just and reasonable; service efficient.
§ 62-133.1 - Small water and sewer utility rates.
§ 62-133.1A - Fair value determination of government-owned water and wastewater systems.
§ 62-133.1B - Water and Sewer Investment Plan ratemaking mechanism authorized.
§ 62-133.2 - Fuel and fuel-related charge adjustments for electric utilities.
§ 62-133.4 - Gas cost adjustment for natural gas local distribution companies.
§ 62-133.5 - Alternative regulation, tariffing, and deregulation of telecommunications utilities.
§ 62-133.6 - Environmental compliance costs recovery.
§ 62-133.7A - Rate adjustment mechanism for natural gas local distribution company rates.
§ 62-133.8 - Renewable Energy and Energy Efficiency Portfolio Standard (REPS).
§ 62-133.9 - Cost recovery for demand-side management and energy efficiency measures.
§ 62-133.11 - Rate adjustment for changes in costs based on third-party rates.
§ 62-133.12A - Customer usage tracking rate adjustment mechanisms for water and wastewater rates.
§ 62-133.12B - Computation of income tax expense for ratemaking purposes; taxable contributions.
§ 62-133.16 - Performance-based regulation authorized.
§ 62-133.20 - Cleanfields renewable energy demonstration parks.
§ 62-134 - Change of rates; notice; suspension and investigation.
§ 62-135 - Temporary rates under bond.
§ 62-137 - Scope of rate case.
§ 62-139 - Rates varying from schedule prohibited; refunding overcharge; penalty.
§ 62-140 - Discrimination prohibited.
§ 62-141 - Long and short hauls.
§ 62-142 - Contracts as to rates.
§ 62-143 - Schedule of rates to be evidence.
§ 62-144 - Free transportation.
§ 62-145 - Rates between points connected by more than one route.
§ 62-146 - Rates and service of motor common carriers of property.
§ 62-146.1 - Rates and service of bus companies.
§ 62-148 - Rates on leased or controlled utility.
§ 62-149 - Unused tickets to be redeemed.
§ 62-150 - Ticket may be refused intoxicated person; penalty for prohibited entry.
§ 62-151 - Passenger refusing to pay fare or violating rules may be ejected.
§ 62-152.1 - Uniform rates; joint rate agreements among carriers.
§ 62-152.2 - Standard transportation practices.
§ 62-153 - Contracts of public utilities with certain companies and for services.
§ 62-154 - Surplus power rates.
§ 62-155 - Electric power rates to promote conservation.
§ 62-156 - Power sales by small power producers to public utilities.
§ 62-157 - Telecommunications relay service.
§ 62-158 - Natural gas expansion.
§ 62-159 - Additional funding for natural gas expansion.