62-138. Utilities to file rates, service regulations and service contracts with Commission; publication; certain telephone service prohibited.
(a) Under such rules as the Commission may prescribe, every public utility, except as permitted under G.S. 62-134(h) and (j):
(1) Shall file with the Commission all schedules of rates, service regulations and forms of service contracts, used or to be used within the jurisdiction of the Commission; and
(2) Shall keep copies of such schedules, service regulations and contracts open to public inspection. Except, if there is a sufficient likelihood that a public utility defined in G.S. 62-3(23)a.6. may suffer a competitive disadvantage if the rates for a specific competitive service are disclosed, the Commission may waive the public disclosure of the rates. The Commission may revoke the disclosure waiver upon a showing that the competitive disadvantage no longer exists.
(b) Every common carrier of passengers shall file with the Commission, print, and keep open for public inspection schedules showing all rates for the transportation of passengers in intrastate commerce and all services in connection therewith between points on its own routes and between points on its own routes and points on the routes of other such common carriers, and if it establishes joint rates with other common carriers, it shall include in its schedules so filed such joint rates.
(c) Every irregular route common carrier of household goods shall file with the Commission, print, and keep open for public inspection schedules showing all rates for the transportation of household goods in intrastate commerce between points within the area of its authorized operation, and if it establishes joint rates with other common carriers, it shall include in its schedules so filed such joint rates between points within the area of its own authorized operation and points on the line or route of such other common carriers.
(c1) Any person who, though exempt from Commission regulation under Public Law 103-305, agrees to joint line rates or routes as authorized by Public Law 103-305 may file with the Commission, print, and keep open for public inspection schedules showing all such joint rates for the transportation of property in intrastate commerce, and all connected services, between all points the person serves.
(d) The schedules required by this section shall be published, filed, and posted in such form and manner and shall contain such information as the Commission may prescribe; and the Commission is authorized to reject any schedule filed with it which is not in compliance with this section. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.
(e) No public utility, unless otherwise provided by this Chapter, shall engage in service to the public unless its rates for such service have been filed and published in accordance with the provisions of this section.
(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.
(g) No public utility may offer or maintain telephone service to any subscriber to such service who has in use or proposes to place in use equipment which will enable said subscriber to observe or monitor telephone calls directed to or placed by said subscriber unless said subscriber shall agree that such equipment shall be used in conformity with the standards for the use of such equipment adopted by the Commission. (1899, c. 164, s. 7; Rev., s. 1109; 1907, c. 217, s. 5; C.S., s. 1074; 1933, c. 134, s. 8; c. 307, s. 4; 1941, c. 97; 1947, c. 1008, s. 25; 1949, c. 1132, s. 23; 1959, c. 209; 1963, c. 1165, s. 1; 1965, c. 287, s. 7; 1977, c. 799; 1989, c. 112, s. 5; 1995, c. 523, s. 6.)
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.