North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-15 - INVESTIGATION AND SUSPENSION PROCEEDINGS

Current through Register Vol. 39, No. 2, July 15, 2024
Whenever there shall be filed with the Commission by any
				  public utility or carrier, subject to its jurisdiction, any schedule stating
				  new or changed rate or rates, as provided by
				  G.S.
				  62-134,
				  62-135,
				  62-138,
				  62-140,
				  62-142, or
				  62-146, the Commission may, upon
				  protest or complaint of the Public Staff or of any interested party, or upon
				  its own initiative, suspend such rates or charges pending an investigation of
				  the lawfulness thereof, and to that end the following proceedings will be in
				  order:
(1) Any public utility filing
				or applying for an increase in rates for electric, telephone, natural gas,
				water, or sewer service shall notify its customers proposed to be affected by
				such increase of such filing within 30 days of such filing, which notice shall
				state that the Commission shall set and shall conduct a trial or hearing with
				respect to such filing or application within six months of said filing date.
				All other public utilities shall give such notice in such manner as shall be
				prescribed by the Commission.
(2)
				Protests or Complaints. - Protests or complaints against any tariff or schedule
				of rates or charges filed with the Commission under the provisions of any of
				the foregoing sections of the statute should be made in writing and filed with
				the North Carolina Utilities Commission, Raleigh, North Carolina, with a copy
				to the Public Staff at least ten (10) days before the effective date of the
				tariff or schedule. Such protests or complaints should comply with the
				provisions of Rule R1-5; provided, that, in cases of emergency, notice of
				intention to file such protests or complaints may be given by telegram to the
				Commission with a copy to the Public Staff and to the publishing utility
				carrier, agent, broker, or freight forwarder, within the time limits herein
				provided, but such notice by telegram must be immediately followed by formal
				protests or complaints in accordance with this rule.
(3) Suspension Order. - If the Commission
				determines upon such protest or complaint, or upon its own initiative, to
				suspend such schedule of rates or charges, it shall issue an order suspending
				the same for a period and in the manner authorized by statute in such cases. A
				copy of such order shall be served by the Commission on the party filing such
				schedule and it shall give notice thereof to such other parties as it deems
				adequate.
(4) Reply. - Within
				twenty (20) days after service of the Commission's order suspending said
				schedule, the party filing such schedule may file with the Commission a reply
				with a copy to the Public Staff [original plus the number of copies specified
				in Rule R1-5(g)], under oath, of the particular reasons, or conditions relied
				upon to warrant the Commission in vacating said suspension order.
(5) Notice of Hearing. - When the time and
				place of hearing shall have been determined, the Commission shall give due
				notice thereof to all parties to the proceeding and to such other parties as it
				deems necessary to bring the matter to the attention of those having an
				interest in the proceeding.
(6)
				Parties. - Persons having an interest in the subject matter of proceedings
				under this rule and who have not filed protests or complaints, as provided by
				subdivision (1) hereof, may become parties to the proceeding by compliance with
				Rule R1-17(e).
NCUC Docket No. M-100,
				  Sub 23, 8/18/69; NCUC Docket No. M-100, Sub 35, 7/3/70; NCUC Docket No. M-100,
				  Sub 56, 5/24/74; NCUC Docket No. M-100, Sub 73, 9/12/77; NCUC Docket No. M-100,
				  Sub 75, 10/27/77; NCUC Docket No. W-100, Sub 24, 2/22/94; NCUC Docket No.
				  M-100, Sub 128, 11/30/01.