A BILL TO BE ENTITLED AN ACT PROVIDING THAT A PERSON WHO CONSTRUCTS OR OPERATES AN ELECTRIC GENERATING FACILITY FOR THE PRIMARY PURPOSE OF PRODUCING ELECTRICITY, HEAT, OR STEAM FOR SALE TO OR FOR THE USE OF THE ARMED FORCES OF THE UNITED STATES IS NOT A PUBLIC UTILITY AND IS NOT SUBJECT TO REGULATION BY THE UTILITIES COMMISSION.
Amends GS 62-3(23)a.1. to exclude from the definition for a "public utility," persons who construct or operate an electric generating facility for which the primary purpose is to produce electricity, heat, or steam for sale to or for the use of the Armed Forces of the United States (Armed Forces). Adds a definition to this section for "Armed Forces of the United States." Makes an organizational change to recodify three subdivisions of GS 62-3. Makes a conforming change to GS 62-110.1(g) to exempt an electric generating facility for which the primary purpose is to produce electricity, heat, or steam for sale to or for the use of the Armed Forces from the certification requirements of this statute.
Amends GS 62-110.2 to provide that nothing in this section prohibits the construction or operation of an electricity generating facility that is not a public utility under GS 62-3(23)a.1, as amended. Amends GS 62-140, adding new subsection (d) to prohibit an electric public utility from imposing any discriminatory monthly fee, standby charge, or equipment requirement on an electric generating facility with the primary purpose of producing heat, steam, or electricity for sale to or for use by the Armed Forces.
Directs the North Carolina Utilities Commission to submit a report on the activities of any person taken to construct or operate electricity generating facilities for the primary purpose of producing electricity, heat or steam for sale to or use by the Armed Forces, to the Governor and Joint Legislative Commission on Governmental Operations no later than October 1 of each year up to and including 2018. Directs the Commission to consult with electric suppliers and the Armed Forces in preparing the report and requires the report to contain an evaluation of the activities of the suppliers of electricity, heat, or steam on the operations of incumbent suppliers and the Armed Forces.
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