62-136. Investigation of existing rates; changing unreasonable rates; certain refunds to be distributed to customers.
(a) Whenever the Commission, after a hearing had after reasonable notice upon its own motion or upon complaint of anyone directly interested, finds that the existing rates in effect and collected by any public utility are unjust, unreasonable, insufficient or discriminatory, or in violation of any provision of law, the Commission shall determine the just, reasonable, and sufficient and nondiscriminatory rates to be thereafter observed and in force, and shall fix the same by order.
(b) All municipalities in the State are deemed to be directly interested in the rates and service of public utilities operating in such municipalities, and may institute or participate in proceedings before the Commission involving such rates or service. Any municipality may institute proceedings before the Commission to eliminate unfair and unreasonable discrimination in rates or service by any public utility between such complainant or its inhabitants and any other municipality or its inhabitants, and the Commission shall, upon complaint, after hearing afforded to the public utility affected and to all municipalities affected, have authority to remove such discrimination.
(c) If any refund is made to a distributing company operating as a public utility in North Carolina of charges paid to the company from which the distributing company obtains the energy, service or commodity distributed, the Commission may, in cases where the charges have been included in rates paid by the customers of the distributing company, require said distributing company to distribute said refund plus interest among the distributing company's customers in a manner prescribed by the Commission. The amount of said interest shall be determined pursuant to G.S. 62-130(e). (Ex. Sess. 1913, c. 20, s. 7; C.S., s. 1083; 1933, c. 134, s. 8; c. 307, s. 8; 1937, c. 401; 1941, c. 97; 1963, c. 1165, s. 1; 1981, c. 460, s. 1.)
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.