reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-06 - PROTESTS, GENERALLY

Current through Register Vol. 39, No. 2, July 15, 2024
Except as provided in these rules in particular proceedings,
				  protests shall comply with Rule R1-5. Protests shall be filed at least ten (10)
				  days prior to the date fixed by the Commission for the hearing of the cause,
				  unless the notice of hearing fixes the time for filing protests, in which case
				  such notice shall govern.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-07 - MOTIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. -
				Motions may be addressed to the Commission:
(1) To make pleadings more specific, or for a
				bill of particulars,
(2) To strike
				irrelevant or immaterial allegations in pleadings,
(3) To make additional parties, to strike
				improper parties, or to substitute parties, or for leave to amend
				pleadings,
(4) To dismiss a pending
				proceeding for want of jurisdiction,
(5) For postponement of a hearing, or of the
				effective date of an order, or for an extension of time within which to comply
				with an order of the Commission, or for such other relief as may be
				appropriate.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-08 - DOCKET NUMBERS REQUIRED ON PLEADINGS AND PAPERS

Current through Register Vol. 39, No. 2, July 15, 2024
All pleadings, papers and correspondence relating to formal
				  proceedings to which docket numbers have been assigned shall refer to such
				  docket numbers.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-09 - COMPLAINTS AND PROCEDURE THEREON; ANSWERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Who May
				Complain. - Complaint may be made by the Commission on its own motion or by the
				Public Staff or by any corporation or person, chamber of commerce, board of
				trade, labor organization, or any civic, commercial, mercantile, traffic,
				agricultural, or manufacturing association or organization, or any body
				politic, or municipal corporation, or any agency of the State of North
				Carolina, or any electric membership corporation organized under Chapter 117 of
				the General Statutes, as amended, having an interest in the subject matter of
				such complaint, or by any public utility.
(b) Contents. - Rule R1-5 will apply to
				complaints under this Rule and, in addition thereto, complaints under this Rule
				shall set forth in numbered paragraphs:
(1)
				The full name, post-office address, and the electronic mailing address of each
				complainant.
(2) The name, post
				office address and electronic mailing address of counsel representing the
				complainant, if any.
(3) The full
				name, post-office address, and, if available, the electronic mailing address of
				each defendant against whom complaint is made.
(4) A clear, concise statement of the acts or
				things done or omitted to be done by any public utility, or the respects in
				which any rule, regulation, or charge fixed by or for any public utility is in
				violation of any provision of law or of any order or rule of the Commission, or
				the respects in which any rate, charge, schedule, classification, rule,
				regulation, or practice is unjust and unreasonable.
(5) The particular relief desired.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-10 - APPLICATIONS FOR MOTOR CARRIER OPERATING RIGHTS OF HOUSEHOLD GOODS OR PASSENGERS

Current through Register Vol. 39, No. 2, July 15, 2024
Applications for motor carrier operating rights of household
				  goods and passengers (certificates) must be made on forms prescribed and
				  published by the Commission. Such forms with instructions will be furnished
				  upon request.
NCUC Docket No. T-100,
				  Sub 32, 8/23/95.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-11 - PROTESTS TO MOTOR CARRIER APPLICATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Contents. - Any person or carrier without specific leave to intervene may
				protest any motor carrier application for operating rights to transport
				passengers or household goods, or to an application for approval of a sale,
				lease, or a merger of motor carrier operating rights of household goods or
				passengers, upon the filing of a protest, under oath, showing that the
				protestant has an interest in the subject matter of the application, which
				protest shall set forth, among other things:
(1) A brief but definite description of the
				operating rights or of other rights or interests of the protestant which will
				be adversely affected by the granting of the application.
(2) The particular way and manner and the
				probable extent to which the protestant will be adversely affected by the
				granting of the application, and if the application is for operating rights
				(for a certificate) to transport passengers or household goods, and the
				protestant is a carrier, the protest shall contain information of the kind and
				in substantially the form and detail shown by the following illustration:
ILLUSTRATION: That the granting of the application will
				  authorize a transportation service in competition with the transportation
				  service which the Commission has authorized the protestant to perform under
				  (certificate number ...), in that, transportation service of the same kind and
				  class may be provided either by the applicant or by the protestant to, from,
				  and between the following points and places:
(1) On U.S. Highway 64 between Lexington and
				Raleigh.
(2) On U.S. Highway 220
				between Greensboro and Rockingham.
(3) On N.C. Highway 49 between Concord and
				Burlington.
(4) To, from, and
				between all points and places in the counties of Montgomery, Moore, Randolph
				and Davidson.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-12 - LEASE, SALE, PLEDGE, MERGER, OR OTHER TRANSFER OF MOTOR CARRIER OPERATING RIGHTS

Current through Register Vol. 39, No. 2, July 15, 2024
No lease, sale, pledge, merger, or other transfer of motor
				  carrier operating rights under any certificate issued by the Commission shall
				  become effective except after application to and written approval by the
				  Commission, which application shall be verified, filed with the Commission
				  (original and three (3) copies), and shall set out, among other things, the
				  following:
(1) The name and
				post-office address of each party to the proposed transaction.
(2) An accurate description of the operating
				rights involved in the proposed transaction, and the certificate number of such
				operating rights.
(3) A clear,
				concise explanation of the exact nature of the proposed transaction, and its
				purpose. Attach as exhibits copies of all contracts and agreements between the
				parties constituting a part of the proposed transaction.
(4) A statement or an exhibit from which the
				Commission may determine the extent to which such operating rights have been
				and are being exercised. This may be shown by giving the bus-miles or
				truck-miles operated under the rights involved within a given period, the
				amount of traffic (passengers or tons of freight) handled during said period,
				and the gross revenue received.
(5)
				A statement under oath complying with the requirements of
				G.S.
				62-111 as to the debts and claims, if any,
				against the owner of said operating rights arising out of the
				operation.
(6) A statement from
				which the Commission may determine that the transferee has the facilities, the
				business experience, the financial ability, and is otherwise qualified to
				perform the transportation service in a satisfactory manner.
NCUC Docket No. M-100,
				  Sub 75, 10/27/77; NCUC Docket No. T-100, Sub 32, 8/23/95; NCUC Docket No.
				  M-100, Sub 128, 11/30/01.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-13 - PETITION FOR MOTOR CARRIER TO BECOME SELF-INSURER

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Contents. - A motor carrier seeking authority to become a self-insurer will be
				required to satisfy the Commission that it is in such financial condition as to
				be able to pay personal injury and property damage claims, within the limits of
				the self-insurance proposed, without seriously affecting its financial
				stability or its continued service to the public. The petition for such
				authority must be verified, filed in triplicate, and set forth, among other
				things:
(1) The correct name and post office
				address of the motor carrier seeking authority to become a self-insurer, and if
				not a corporation, and not an individual who is the sole owner of the business,
				the correct name and post office address of each person owning an interest in
				the business must be given.
(2) A
				brief history of the carrier's operations, giving the length of time the
				business has been operated under the present management, the number of
				over-the-road buses or trucks, or other units of rolling equipment used in the
				operation in North Carolina, the approximate bus-miles or truck-miles operated
				within the State during the last 12 months for which figures are
				available.
(3) A statement showing
				the amount of insurance premiums paid during each year for a period of three
				years next preceding the filing of the application and the actual amount paid
				each year during said period by the applicant and the applicant's insurance
				carrier in settlement of personal injury and property damage claims.
(4) The amount in which the applicant
				proposes to become a self-insurer, and if less than the Commission's minimum
				insurance requirements as provided in Rule R2-36, the amount of excess
				insurance applicant proposes to carry.
(5) The plans applicant now has in effect, or
				proposes to put into effect if permitted to become a self-insurer, for
				investigating personal injury and property damage claims arising out of the
				operation and its plans for making available funds for the settlement of such
				claims.
(6) Balance sheet, and
				income and profit and loss statement for the latest available period.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-17A - PROCEDURE FOR WATER AND SEWER INVESTMENT PLAN RATE ADJUSTMENTS UNDER G.S. 62-133.1B

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. - This
				rule provides the procedures for the approval and administration of the Water
				and Sewer Investment Plan mechanism authorized under
				G.S.
				62-133.1B.
(b) Definitions. - As used in this rule, the
				following definitions shall apply:
(1)
				"Performance-based metrics" shall mean standards to measure utility operations
				and management, including the management of capital investment projects,
				intended to benefit customers by ensuring the provision of safe, reliable, and
				cost-effective service by the utility. Metrics may also be standards that are
				intended to drive utility performance or support Commission policy goals
				provided that they benefit customers by ensuring the provision of safe,
				reliable, and cost-effective service. In establishing performance-based
				metrics, the Commission may consider, at a minimum, operational compliance,
				customer service, service reliability, and workplace health and safety.
				Performance-based metrics shall be clearly defined, measurable, and easily
				verified by stakeholders. The Commission may approve penalties or incentives
				based on the results of approved metrics. Some metrics may be tracking metrics
				with or without targets or benchmarks to measure utility achievement.
(2) "Test Year" or "Base Year" shall mean the
				12-month period consistent with the term "Operating Experience" as defined in
				sub-section (b)(8) of Rule R1-17.
(3) "Rate Year" shall mean each of the three
				12-month periods as approved in a Water and Sewer Investment Plan.
(3a) "Unplanned Emergency Capital
				Investments" shall mean capital investments used and useful during a Plan term
				to address risk of noncompliance with primary drinking water or effluent
				standards, or to mitigate cyber or physical security risks.
(4) "Utility" shall mean a water, sewer, or
				water and sewer public utility.
(5)
				"Water and Sewer Investment Plan" or "Plan" shall mean a plan under which the
				Commission sets base rates and revenue requirements through the banding of
				authorized returns, and authorizes annual rate changes for a three-year period
				based on reasonably known and measurable capital investments and anticipated
				reasonable and prudent expenses approved under the plan without the need for a
				base rate proceeding during the plan period.
(6) "Capital Investment Project" shall mean
				discrete, stand-alone capital investments or sub-project-level capital
				activities that have identical attributes for both of the following:
a. A detailed description, including the
				reason for and scope of, each proposed capital investment project;
				and
b. The asset account per the
				National Association of Regulatory Utility Commissioners (NARUC) Uniform System
				of Accounts and the annual depreciation rate for each proposed capital
				investment project.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-17B - PROCEDURE FOR PERFORMANCE-BASED REGULATION FOR ELECTRIC PUBLIC UTILITIES UNDER G.S. 62-133.16

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. - This
				rule provides the procedures for the approval and administration of
				Performance-Based Regulation authorized under
				G.S.
				62-133.16.
(b) Definitions. - As used in this rule, the
				following definitions shall apply:
(1) "Cost
				Causation Principle"; "Decoupling Ratemaking Mechanism"; "Earnings Sharing
				Mechanism"; "Multiyear Rate Plan" or "MYRP"; "Performance Incentive Mechanism"
				or "PIM"; "Performance-Based Regulation" or "PBR"; "Policy Goal"; and "Tracking
				Metric" shall have the same definitions as provided in
				G.S.
				62-133.16(a).
(2) "Plan Period" shall mean the period of
				not more than 36 months covered by an approved PBR application.
(3) "Rate Year" shall mean each 12-month
				period of the MYRP for which base rates as established by
				G.S.
				62-133 and modified by
				G.S.
				62-133.16, are effective.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-18 - REPARATIONS AND UNDERCHARGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Reparation Statements; Formal Claims for Reparation Based upon Findings of the
				Commission. - When the Commission finds that reparation is due, but that the
				amount cannot be ascertained upon the record before it, the complainant should
				immediately prepare a statement showing details of the utility charges on which
				reparation is claimed. The statement should not include any utility charges not
				covered by the Commission's findings, or any utility charges on which complaint
				was not filed with the Commission within the statutory period. (See
				G.S.
				62-132.) The statement, together with the
				said bills on the utility charges, or true copies thereof, should then be
				forwarded to the utility which collected the charges for checking and
				certification as to its accuracy. The certificate must be signed in ink by a
				general accounting officer of the utility and should cover all of the
				information shown in the statement. If the utility which collected the charges
				is not a defendant in the case its certificate must be concurred in by like
				signature on behalf of a defendant.
(b) Applications of Transportation Companies
				to Award Reparation or Waive Collection of Undercharges. - Whenever application
				is made to the Commission with copies to the Public Staff to award reparation
				or waive collection of undercharges on shipments that have moved between points
				in North Carolina, in addition to full explanation in justification of said
				applications, Form No. 1, at the end of this rule, shall be submitted also and
				same shall be handled in manner outlined in the preceding subsection.
FORM NO. 1.
IMPORTANT.-Before making out statement read Rule R1-18
				  carefully.
Form No.
1.
- Form of Reparation or
				  Waiver of Undercharge Statement Under Rule R1-18.
Claim No. _ of Richard Roe under the decision of the
				  Utilities Commission in Docket No. _
For full text of form, please see the 1995
				  Edition.
NCUC Docket No. M-100,
				  Sub 75, 10/27/77.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-19 - INTERVENTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Contents of
				Petition. - Any person having an interest in the subject matter of any hearing
				or investigation pending before the Commission may become a party thereto and
				have the right to call and examine witnesses, cross-examine opposing witnesses,
				and be heard on all matters relative to the issues involved, by filing a
				verified petition with the Commission giving the docket number and title of the
				proceeding and the following information in separately numbered paragraphs:
(1) The correct name, post-office address and
				electronic mailing address of the petitioner.
(2) The name, post office address and
				electronic mailing address of counsel representing the petitioner, if
				any.
(3) A clear, concise statement
				of the nature of the petitioner's interest in the subject matter of the
				proceeding, and the way and manner in which such interest is affected by the
				issues involved in the proceeding.
(4) A statement of the exact relief
				desired.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-20 - PREHEARING CONFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Purpose. - Upon
				written notice by the Commission in any pending proceeding, or by the chairman
				of the Hearing Division or any Hearing Commissioner or Examiner to whom any
				such proceeding has been referred for hearing, the parties or their attorneys
				may be directed to appear before the Commission, or such Commissioner or
				Examiner, at a time and place designated in such notice, for a conference for
				the purpose of formulating issues and consideration of:
(1) The simplification of issues;
(2) The necessity or desirability of amending
				the pleadings either for the purpose of clarification, amplification, or
				limitation;
(3) The possibility of
				making admissions of certain averments of fact or stipulations concerning the
				use by either or both parties of matters of public record, such as annual
				reports and the like, to the end of avoiding the unnecessary introduction of
				proof;
(4) The procedure at the
				hearing;
(5) The limitation of the
				number of witnesses;
(6) The
				propriety of prior mutual exchange between or among the parties of prepared
				testimony and exhibits; and
(7)
				Such other matters as may aid in the simplification of the evidence and
				disposition of the proceeding.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-21 - CONDUCT OF HEARINGS AND INVESTIGATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Open to the Public. - All formal hearings and investigations shall be open to
				the public.
(b) Notice.
(1) Proceedings in Which There Is Only One
				Party. - In proceedings in which there is only one party, hearings may be held
				at any time convenient to the Commission and to the party to the proceeding,
				with or without a public notice, in the discretion of the Commission.
(2) Posting of Notice. - In addition to other
				notice of hearings required by statute, notice of the date and place of all
				public hearings shall be posted on the bulletin board in the Office of the
				Chief Clerk of the Commission at least ten (10) days in advance of the date set
				for the hearing. Notice of all postponements of such hearings shall immediately
				be posted on said bulletin board.
(3) Publication of Notice. - In formal
				proceedings the Commission may, at its discretion, in addition to other notice,
				give or require to be given general notice of the substance of the application,
				petition, or complaint and the date and place of the hearing in a newspaper, or
				newspapers, for such length of time as the Commission may designate.
(4) Mailing Lists. - General mailing lists
				for copies of applications, petitions, protests, notices or orders will not be
				maintained but persons interested in specific matters under investigation
				should request the Commission to place their names on the mailing lists in
				connection with such specific matters.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-22 - PRACTICE BEFORE THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) In all
				proceedings wherein pleadings are filed and a formal hearing is held involving
				the taking of testimony and the formulation of a record subject to review by
				the courts, no person may appear in a representative capacity other than an
				attorney at law, duly qualified and entitled to practice before the Supreme
				Court of the State of North Carolina. (See G.S. Ch. 84.)
(b) This rule does not limit the right of any
				individual to plead his own cause before the Commission and to call and examine
				witnesses in his own behalf, and to cross-examine the opposing witnesses.
				Neither does this rule limit the right of any individual, whether called as a
				witness or not, to testify in any hearing or investigation before the
				Commission with respect to facts pertinent to the issues involved.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-23 - APPEARANCES

Current through Register Vol. 39, No. 2, July 15, 2024
Parties shall enter their appearances in proceedings before
				  the Commission at the time the cause is called for hearing by giving their
				  names and addresses in writing to the reporter, who will include the same in
				  the record of the proceeding. Appearance may be made on behalf of any party by
				  counsel, and thereafter all notices, pleadings and orders in the cause may be
				  served upon such counsel, and such service upon counsel shall be considered
				  valid service for all purposes upon the party represented by such counsel.
				  Counsel making an appearance on behalf of any party shall give their name, post
				  office address and an electronic mailing address to the reporter, who will
				  include the same in the record of the proceeding. The Commission may, in
				  addition, require appearances to be stated orally, so that the identity and
				  interest of all parties may be made known to those present and having an
				  interest in the subject matter of the proceeding.
NCUC Docket No. M-100,
				  Sub 134, 3/11/10.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-26 - RECOMMENDED DECISION OF COMMISSION PANEL, HEARING COMMISSIONER OR AN EXAMINER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Contents. - A Commission Panel, Hearing
				Commissioner or Examiner to whom a matter has been referred for hearing, as
				provided in
				G.S.
				62-76 shall include the following in the
				report to the Commission:
(1) The docket
				number and title of the proceeding.
(2) The time and place of the
				hearing.
(3) The appearances
				entered at the hearing.
(4) A
				concise statement of the issues, or of the relief sought.
(5) Findings of fact set forth
				separately.
(6) Conclusions of
				law.
(7) A recommended order in the
				cause.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-27 - COMPUTATION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
The time within which any pleading, motion, notice, brief, or
				  exceptions may be filed, or the time within which any act is required to be
				  performed or may be performed, as provided by any rule or order of the
				  Commission, shall be so computed as to exclude the first day and include the
				  last day; provided, that when the last day of any such period falls on
				  Saturday, Sunday, a legal holiday under the laws of this State, or a day on
				  which the offices of the Commission for any reason are not open for business,
				  the computation of time shall omit such day and begin on the first day
				  thereafter which does not fall on any such day. (Not applicable in the
				  computing of time for filing transportation tariffs and minimum rate schedules.
				  See Rule R4-10.)
NCUC Docket No. M-100,
				  Sub 3, 7/30/64.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-29 - SERVICE OF PROCESS AND NOTICES

Current through Register Vol. 39, No. 2, July 15, 2024
Service of any process, order, or notice required by statute
				  shall be deemed to have been made personally on the party to be served when a
				  true copy thereof under the seal of the Commission shall have been delivered to
				  the party to be served by an authorized agent of the Commission, or by mailing
				  the same to such party by registered or certified mail. (G.S.
				  62-63.)
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-30 - DEVIATION FROM RULES

Current through Register Vol. 39, No. 2, July 15, 2024
In special cases, the Commission may permit deviation from
				  these rules insofar as it finds compliance therewith to be impossible or
				  impracticable.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-33 - FILING OF ANNUAL REPORTS BY MUNICIPALITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Pursuant to the provisions of
				  G.S.
				  62-47, the annual reports therein required to
				  be filed by every municipality furnishing gas, electricity, or telephone
				  service shall be electronically filed on a fiscal year basis for an annual
				  reporting period from July 1st of each year through June 30th of the succeeding
				  year. Beginning with the fiscal year July 1, 1964 - June 30, 1965, and
				  continuing thereafter, such municipal annual reports shall be electronically
				  filed as soon as possible after the close of the fiscal year, but in no event
				  later than November 15th next following the end of said fiscal year. Each such
				  annual report of a municipality furnishing gas, electricity, or telephone
				  service shall be made upon annual report forms furnished or approved by the
				  North Carolina Utilities Commission for the respective service; to wit, the
				  approved annual report form for gas service, the approved annual report form
				  for electric service, and the approved annual report form for telephone
				  service. Such annual reports shall be signed under penalty of perjury by the
				  general manager or superintendent of such utility service in accordance with
				  the requirements of
				  G.S.
				  62-47.
NCUC Docket No. M-100,
				  Sub 4, 7/21/65; NCUC Docket No. M-100, Sub 75, 10/27/77; NCUC Docket No. M-100,
				  Sub 123, 8/10/93; NCUC Docket No. M-100, Sub 132, 11/03/04; NCUC Docket No.
				  M-100, Sub 160, 03/30/2022.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-34 - EXCEPTIONS TO NUMBER OF COPIES TO BE FILED

Current through Register Vol. 39, No. 2, July 15, 2024
In any case where the provisions of this chapter require the
				  filing of a specific number of copies of any document and it appears that there
				  is no reasonable or substantial need for said specific number of copies of
				  documents under the procedures to be observed in the proceeding in which the
				  document is to be filed, or where it is not feasible for other reasons to
				  provide the specific number of copies, upon request of the party filing the
				  document or on its own motion, the Commission may authorize a lesser number of
				  copies by notifying the parties in writing of the number of copies to be
				  filed.
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.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-35 - USE OF ACCELERATED DEPRECIATION BY ELECTRIC, WATER, SEWER, GAS AND TELEPHONE UTILITY COMPANIES UNDER FEDERAL TAX REFORM ACT OF 1969

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Electric, water, sewer, gas and telephone utility companies operating in North
				Carolina are hereby authorized, but not required, to use liberalized or
				accelerated depreciation and are authorized to normalize the difference between
				the federal and State income taxes due with the use of accelerated depreciation
				and the federal and State income tax which would be due with the use of various
				straight-line depreciation methods for their regular books of account and for
				rate-making purposes, to the extent such accelerated depreciation and
				normalization thereof is authorized by Section 441 of the Federal Tax Reform
				Act of 1969 as enacted by Congress in December of 1969, subject to the terms
				and conditions provided in this rule.
(b) The accelerated depreciation and
				normalization of the results thereof for accounting and rate-making purposes
				shall be authorized on all utility property which qualifies for accelerated
				depreciation under Section 441 of the Federal Tax Reform Act of 1969.
(c) Utility companies using accelerated
				depreciation and normalization thereof under this rule shall record deferred
				operating federal income taxes in a temporary income account to be designated
				as "Operating federal income taxes deferred - accelerated tax depreciation";
				deferred operating State income taxes in an account designated "Other operating
				taxes"; deferred nonoperating federal income taxes in an account designated
				"Federal income taxes - nonoperating taxes"; and deferred nonoperating State
				income taxes in an account designated "Other nonoperating taxes", and contra
				credits shall be made to corresponding subdivisions of a temporary balance
				sheet account to be designated "Reserve for accumulated deferred income taxes -
				accelerated tax depreciation."
(d)
				The deferred federal and State income tax funds made available temporarily by
				the adoption of such accelerated depreciation and normalization thereof on the
				utility company books should be utilized by said utility company for
				construction of utility plant, and in no event shall the same be transferred to
				earned surplus.
(e) Any utility
				company which has used accelerated depreciation with flow-through methods of
				accounting as defined in Section 441 of the Federal Tax Reform Act of 1969 is
				authorized, but not required, to continue such flow-through methods of
				accounting to the full extent allowed under said Section 441 of the Federal Tax
				Reform Act of 1969.
NCUC Docket No. M-100,
				  Sub 32, 5/28/70.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-37 - APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY BY QUALIFYING COGENERATOR OR SMALL POWER PRODUCER; PROCEDURE THEREON; REPORTS OF CONSTRUCTION

Current through Register Vol. 39, No. 2, July 15, 2024
NCUC Docket No. E-100,
				  Sub 41, 10/25/84; NCUC Docket No. E-100, Sub 41, 1/21/86; NCUC Docket No.
				  E-100, Sub 59, 9/10/91; NCUC Docket No. M-100, Sub 128, 01/09/04; NCUC Docket
				  No. SP-100, Sub 21, 08/19/04.
Repealed by NCUC Docket No. E-100, SUB
				  113, 2/29/08.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-38 - INCENTIVE PROGRAMS FOR ELECTRIC AND NATURAL GAS UTILITIES

Current through Register Vol. 39, No. 2, July 15, 2024
Repealed by NCUC Docket No. E-100, SUB 113, 2/29/08.
NCUC Docket No. M-100,
				  Sub 124, 10/24/95.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 1 › Section 11 R01-39 - METHODS OF SERVICE TO PARTIES

Current through Register Vol. 39, No. 2, July 15, 2024
Service of pleadings, motions, or other papers to parties of
				  record or to the attorney of record of such party, unless otherwise specified
				  by the Commission, shall be made by United States mail, first class or better;
				  by hand delivery; or by means of facsimile or electronic delivery upon
				  agreement of the receiving party.
NCUC Docket No. M-100,
				  Sub 133, 02/02/06.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 1 - GENERAL › Section 11 R02-01 - CARRIERS REQUIRED TO OBTAIN AND KEEP COPY OF ACT AND COPY OF COMMISSION'S RULES

Current through Register Vol. 39, No. 2, July 15, 2024
Every motor carrier shall keep at all times a copy of the
					 Public Utilities Act and these rules and regulations. Copies of same may be
					 obtained from the Commission.
NCUC Docket No. M-100,
					 Sub 140, 12/03/13.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 1 - GENERAL › Section 11 R02-02 - CERTIFICATE; VEHICLE IDENTIFICATION, ETC

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Repealed.
(b) Repealed.
(c) Passengers, fire-fighting equipment,
				  medical and hospital supplies, food, feed, clothing, and other articles
				  necessary for immediate relief of or direct prevention of fires, sickness,
				  accident, storm, flood, or similar catastrophes, may be transported by any
				  person in any available vehicle without notice to or authority from the
				  Commission.
(d) Repealed.
(e) Repealed.
(f) Repealed.
(g) The lease of equipment with driver for
				  use in private transportation of property is prohibited unless the private
				  carrier leases vehicle(s) and driver(s) from a single source on an intrastate
				  basis and the lease contains the following requirements:
(1) the leased equipment must be exclusively
				  committed to the lessee's use for the term of the lease;
(2) the lessee must have exclusive dominion
				  and control over the transportation service during the term of the
				  lease;
(3) the lessee must maintain
				  liability insurance for any injury caused in the course of performing the
				  transportation service;
(4) the
				  lessee must be responsible for compliance with safety regulations;
(5) the lessee must bear the risk of damage
				  to cargo; and
(6) the term of the
				  lease must be for a minimum period of 30 days.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 1 - GENERAL › Section 11 R02-05-01 - INSURANCE AND SAFETY REGULATION OF EXEMPT PASSENGER CARRIERS

Current through Register Vol. 39, No. 2, July 15, 2024
In the application of the insurance regulations of the
					 Commission under
					 G.S.
					 62-260(f) and certificates
					 of exemption under
					 G.S.
					 62-260(g) the Commission
					 deems that the term "motor carriers" as included in said sections should be
					 construed under the definition in
					 G.S.
					 62-3(17) to be limited to
					 motor common carriers or motor contract carriers of exempt passengers for hire
					 who have been issued certificates of exemption by the Division of Motor
					 Vehicles.
NCUC Docket No. M-100,
					 Sub 16, 2/5/68; NCUC Docket No. M-100, Sub 109,
					 5/20/86.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-08 - APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY; TRANSFERS; AND NOTICE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For Operating
				  Authority.
(1) Application for authority to
				  operate as a common carrier must be made on forms furnished by the Commission,
				  and all the required exhibits must be attached to and made a part of the
				  application. The original and three (3) complete copies of the application,
				  including exhibits, must be filed with the Commission with a copy to the Public
				  Staff. The original and the copies shall be fastened separately. A filing fee
				  as set forth in
				  G.S.
				  62-300 must accompany the application before
				  it is considered as being filed.
(2) The application shall be signed and sworn
				  to by the applicant. If the applicant is a partnership, one partner may sign
				  and verify for all; but the names and addresses of all partners must appear in
				  the application and a certified copy of the partnership agreement, as filed in
				  the county wherein the principal office of the partnership is located, must be
				  filed with the Commission. Trade names will not be allowed unless the names and
				  addresses of all owners are given. If the applicant is a corporation, a duly
				  authorized officer of the corporation must verify the application. The names
				  and addresses of the principal managing officers of the corporation must be
				  given and a certified copy of the corporate charter filed with the
				  application.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-09 - SALE, LEASE OR OTHER TRANSFER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any carrier
				  operating as a common carrier under any certificate issued by the Commission
				  which proposes to sell, assign, pledge, lease or transfer any right or interest
				  in such certificate or to change its name, or trade name, or enter into any
				  merger, combination, or joint control with any other carrier through purchase
				  of stock or otherwise, shall apply in writing to the Commission with a copy to
				  the Public Staff and obtain its written approval. This rule includes the
				  following:
(1) A change of name or trade name
				  which does not involve any change of ownership or control.
(2) Any change in the membership of a
				  partnership, or the creation or dissolution of a partnership, which does not
				  amount to a transfer of the controlling interest in the business to a new
				  party.
(3) The incorporation of a
				  transportation business which does not involve any substantial change of
				  ownership or control of the business.
(4) Any pledge of a certificate for the
				  purpose of securing a loan in furtherance of the transportation business of the
				  carrier or any change of control through stock transfer except as provided in
				  example (7).
(5) A lease of all or
				  any part of the rights represented by a certificate.
(6) A sale or assignment of rights
				  represented by a certificate.
(7)
				  Any merger, combination or agreement through purchases of stock or by any other
				  means by which joint or common control of two or more carriers is
				  effectuated.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-10 - GRANTING AUTHORITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Unless the
				  applicant elects to accept only the type of authority set out in the
				  application, the Commission will grant such authority as the evidence shows the
				  applicant is entitled to receive; that is to say, if the applicant has
				  misconceived the nature of his proposed operation, or has misconstrued the
				  meaning of terms used in his application, the Commission will disregard the
				  form of the application and grant such authority within the scope of the
				  application as the applicant is entitled to receive upon the facts.
(b) Repealed.
(c) Repealed.
(d) Repealed.
NCUC Docket No. M-100,
					 Sub 13, 10/5/67; NCUC Docket No. M-100, Sub 34, 6/4/70; NCUC Docket No. T-100,
					 Sub 32, 8/23/95.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-11 - PROTESTS OF APPLICATIONS FOR CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except for good
				  cause shown, no party shall be heard in opposition to an application for a
				  certificate unless such party shall have filed a protest to such application
				  not less than ten (10) days prior to the date set for the hearing or within the
				  time specified in the notice.
(b)
				  No person shall be heard in opposition to any other matter set for hearing
				  before the Commission unless such person shall have filed a protest to such
				  matter not less than ten (10) days before the date set for the hearing unless
				  otherwise specified by the Commission.
(c) All protests shall be in writing, shall
				  be verified by the protestant and shall show whether or not the protestant
				  holds authority from the Commission, the type of service authorized and the
				  particular way in which the protestant is adversely affected. Parties holding
				  similar authority may join in one protest signed and verified by one of the
				  parties.
(d) The original and
				  seventeen complete copies of the protest must be mailed or delivered to the
				  Commission within the time fixed for filing protests, and it must appear in the
				  verification or in some statement attached to the protest that a copy thereof
				  has been mailed or delivered to the applicant and a copy to his attorney, if
				  any, appearing in the notice of hearing.
NCUC Docket No. M-100,
					 Sub 56, 5/24/74; NCUC Docket No. T-100, Sub 32, 8/23/95; NCUC Docket No. T-100,
					 Sub 49, 02/02/04.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-11-1 - PROTESTS OF APPLICATIONS FOR CERTIFICATES OF EXEMPTION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Except for good cause shown, no party or
				  person shall be heard in opposition to an application for a certificate of
				  exemption unless such party or person shall have filed a protest to such
				  application no more than 15 days from the filing date of the
				  application.
(b) All protests shall
				  be in writing, shall be verified by the protestant, and shall show whether or
				  not the protestant holds a certificate of exemption from the Commission. The
				  protests shall only be based upon the applicant's fitness or financial
				  solvency. Parties holding certificates of exemption may join in one protest
				  signed and verified by one of the parties.
(c) The original and two (2) complete copies
				  of the protest must be filed with the Commission within the 15-day time period
				  fixed for filing protests, and it must appear in the verification or in some
				  statement attached to the protest that a copy thereof has been mailed or
				  delivered to the applicant or to his attorney, if any, as shown in the
				  application.
(d) The Commission
				  shall set the application for hearing upon receipt of a valid
				  protest.
NCUC Docket No. T-100,
					 Sub 49, 02/02/04.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-12 - INTERVENERS

Current through Register Vol. 39, No. 2, July 15, 2024
Upon request in writing and for good cause shown, a carrier
					 or other person may, in the discretion of the Commission, intervene in support
					 of or against a pending application, subject to such terms and conditions as
					 the Commission may prescribe; provided, however, no person shall be permitted
					 to intervene in opposition to an application who could have with reasonable
					 diligence filed a protest in compliance with Rule R2-11.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-13 - MOTION FOR CONTINUANCE OF HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
No application which has been set for hearing will be
					 continued or postponed except upon written motion filed with the Commission and
					 all parties not less than ten (10) days prior to the date of the hearing.
North Carolina Administrative Code › Title 04 - COMMERCE › Chapter 11 - UTILITIES COMMISSION › Chapter 2 › Article 3 - RENTED OR LEASED VEHICLES › Section 11 R02-14 - TESTIMONY

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Testimony for
				  or against the granting of an application may be oral, in the form of exhibits,
				  or both. Sufficient copies of all exhibits shall be made available for the use
				  of the parties and the Commission and the Public Staff. Exhibits shall contain
				  statements of facts relevant to the particular application without argument or
				  conclusions.
(b) The Commission
				  will limit the time for direct and cross-examination of witnesses when in its
				  judgment such examinations are repetitious and unnecessarily prolonged. In
				  cases in which protests are substantially the same, the Commission may, in its
				  discretion, limit the cross-examination of witnesses by protestants to one
				  attorney or party. Cumulative testimony or repetition of facts will be limited
				  to reasonable bounds.
NCUC Docket No. M-100,
					 Sub 75, 10/27/77.