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Public Utilities Law

What is public utilities law?
Public utilities law is the area of law dealing with the business organizations (such as an electric company) performing a public service and subject to special governmental regulation.

What is a public utility?
A public utility is a business or service, which may be publicly or privately owned, engaged in supplying the public generally with some commodity or service, such as electricity, gas, water, transportation, or telephone or telegraph service.

What are some examples of public utilities?
Examples of public utilities include:

  • Transportation (buses, airlines, railroads, motor freight carriers, pipelines, etc.)
  • Radio
  • Television
  • Local and long-distance telephone companies
  • Electricity
  • Natural gas
  • Water and sanitation treatment facilities

What legal forms are involved with public utilities?
Relevant legal forms include:

  • Easement for Utilities
  • Easement for Streets
  • Rate Schedule
  • Service Agreement
  • Installation of equipment
  • Periodic rate adjustment

What is the FERC?
The Federal Energy Regulatory Commission (FERC) regulates and oversees energy industries in the economic and environmental interest of the American public.

Will my claim have to go to trial?
The traditional process to resolve a conflict is to engage in litigation - turn the problem over to a judge to decide. However, alternative dispute resolution (ADR) offers a variety of methods to resolve the matter though settlement instead of litigation. It is a voluntary process where parties focus on meeting their business interests rather than on who has the stronger position. ADR usually involves a third party neutral, who helps the parties design a process to find mutually acceptable solutions to their disputes.

What is the function of the State Utility Commission?
State utility commissions regulate consumer service and rates for gas, electricity and a variety of other services within your state. These services include rates for telephone calls and moving household goods, water and transportation rates.

What is the mission of the North Carolina Utility Commission?
According to the NC Utility Commission website, the Commission is responsible to both the public and utilities and, by law (G. S. 62-2), must regulate in a manner designed to implement the policy of the State of North Carolina to:

  1. Provide fair regulation of public utilities in the interest of the public.
  2. Promote the inherent advantage of regulated public utilities.
  3. Promote adequate, reliable, and economical utility service.
  4. Promote least cost energy planning.
  5. Provide just and reasonable rates and charges for public utility services and promote conservation of energy.
  6. Assure that facilities necessary to meet future growth can be financed on reasonable and fair terms.
  7. Encourage and promote harmony between utility companies and their customers.
  8. Foster planned growth of public utility services.
  9. Coordinate energy supply facilities with the state's development.
  10. Cooperate with other states and the federal government in providing interstate and intrastate public utility service and reliability of energy supply.
  11. Facilitate the construction of facilities in and the extension of natural gas service to unserved areas.

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Hatch, Little & Bunn, LLP
327 Hillsborough Street
Raleigh, NC 27603
Phone: (919) 856-3940
Fax: (919) 856-3950

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