North Carolina § 62-42 - Compelling efficient service, extensions of services and facilities, additions and improvements.

§ 62-42. Compelling efficient service, extensions of services and facilities, additions and improvements.

Except as otherwise limited in this Chapter, whenever the Commission, after notice and hearing had upon its own motion or upon complaint, finds: That the service of any public utility is inadequate, insufficient or unreasonably discriminatory, or That persons are not served who may reasonably be served, or That additions, extensions, repairs or improvements to, or changes in, the existing plant, equipment, apparatus, facilities or other physical property of any public utility, of any two or more public utilities ought reasonably to be made, or That it is reasonable and proper that new structures should be erected to promote the security or convenience or safety of its patrons, employees and the public, or That any other act is necessary to secure reasonably adequate service or facilities and reasonably and adequately to serve the public convenience and necessity, If such order is directed to two or more public utilities, the utilities so designated shall be given such reasonable time as the Commission may grant within which to agree upon the portion or division of the cost of such additions, extensions, repairs, improvements or changes which each shall bear. If at the expiration of the time limited in the order of the Commission, the utility or utilities named in the order shall fail to file with the Commission a statement that an agreement has been made for division or apportionment of the cost or expense, the Commission shall have the authority, after further hearing in the same proceeding, to make an order fixing the portion of such cost or expense to be borne by each public utility affected and the manner in which the same shall be paid or secured. Repealed by Session Laws 2013-187, s. 1, effective July 1, 2013. the Commission shall enter and serve an order directing that such additions, extensions, repairs, improvements, or additional services or changes shall be made or affected within a reasonable time prescribed in the order. This section shall not apply to terminal or terminal facilities of motor carriers of property. History (1933, c. 307, s. 10; 1949, c. 1029, s. 2; 1963, c. 1165, s. 1; 1965, c. 287, s. 6; 1985, c. 676, s. 7; 2013-187, s. 1.) Effect of Amendments. - Session Laws 2013-187, s. 1, effective July 1, 2013, deleted subsection (c) relating definition of public utility.