AN ACT PROVIDING THAT THE EASTERN JOINT MUNICIPAL POWER AGENCY SHALL HOLD A PUBLIC MEETING PRIOR TO CHANGING RATES AND THE MUNICIPAL ELECTRIC UTILITIES THAT ARE MEMBERS OF THE EASTERN POWER AGENCY SHALL HOLD A PUBLIC HEARING BEFORE CHANGING ELECTRIC RATES. Summarized in Daily Bulletin 3/23/11, 6/8/11, and 6/28/12. Enacted July 12, 2012. Effective October 1, 2012.
Bill Summaries: H457 MUNICIPAL ELECTRIC UTILITIES/RATE HEARINGS (NEW).
Summary date: Jul 17 2012 - View Summary
Senate amendment makes the following changes to 3rd edition. Rewrites changes to GS 159B-17(a) to provide that any retail electric customer (previously, any resident) of the municipality may appear and be heard on the proposed revision to rates, fees, or charges. Provides that GS 160A-81 applies to any public hearing under the statute, but that the public hearing requirements do not apply when a municipality is required to take action by the Local Government Commission pursuant to GS159-181(c), or to any action required immediately due to a catastrophic event or to avoid impairing the municipality's ability to comply with applicable law or its contractual obligations relating to its outstanding
bonds or other indebtedness. Rewrites GS 159B-17(b) to provide that the subsection's provisions for published notice of a joint agency meeting to change rates, fees, or charges do not apply to any action required immediately for any of those same reasons. Makes conforming changes to GS 160A-314. Lists members of the NC Eastern Municipal Power Agency.
Senate committee substitute makes the following change to 2nd edition. Changes the effective date to October 1, 2012 (was, October 1, 2011).
Summary date: Jun 8 2011 - View Summary
House committee substitute makes the following changes to 1st edition. Replaces original bill with AN ACT PROVIDING THAT THE EASTERN JOINT MUNICIPAL POWER AGENCY SHALL HOLD A PUBLIC MEETING PRIOR TO CHANGING RATES AND THE MUNICIPAL ELECTRIC UTILITIES THAT ARE MEMBERS OF THE EASTERN POWER AGENCY SHALL HOLD A PUBLIC HEARING BEFORE CHANGING ELECTRIC RATES. Amends GS 159B-17 as title indicates. Applies to all rates, fees, or charges for electric service provided by the NC Eastern Municipal Power Agency or by a member city or town on or after October 1, 2011.
Summary date: Mar 23 2011 - View Summary
Enacts new GS 62-55 to provide that the North Carolina Utilities Commission (Commission) has oversight of the rates for electric service established and services furnished by a municipality. Includes a municipality that is a member of a joint municipal power agency under GS Chapter 159B that operates a municipal electric utility under GS 160A-311(1). Authorizes the Commission to consider the factors provided in GS 62-133 and GS 62-134 in determining whether the rates for electrical service are fair to the consumer and the municipality as operator of the electric utility. Provides that the Commission may issue orders to make necessary adjustments after a determination at a hearing as to whether the rates are just and reasonable. Also provides that the Commission may enter an order requiring changes and improvements if the Commission determines via a hearing that the service furnished by the municipal electric utility is inadequate. Makes conforming changes to GS 62-3(23)d, GS 62-15(d), GS 160A-312, and GS 160A-314.
Provides that this act only applies to the cities and towns in eastern North Carolina that comprise the North Carolina Eastern Municipal Power Agency (NCEMPA) on the date that this act becomes law.
Effective October 1, 2011, and applies to all rates for electric service established and all service provided by a NCEMPA member city or town on or after that date.