NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 472

HOUSE BILL 266

 

 

AN ACT TO AMEND CHAPTER 62 OF THE GENERAL STATUTES RELATING TO PUBLIC UTILITIES.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 62‑26.4 is hereby amended by rewriting the second sentence thereof, as the same appears in 1960 Replacement Volume 2B, to read as follows:

"Such order shall take effect and become operative when issued unless otherwise designated therein and shall continue in force either for a period which may be designated therein or until changed or revoked by the Commission. It shall not be necessary, however, to obtain relief from an outstanding order of the Commission except in the case of transportation rates where the rates have been in effect less than one year."

Sec. 2.  G.S. 62‑26.16(4) is hereby amended by inserting immediately following the word "facilities" and immediately preceding the period at the end thereof the words:

"and with each application by a motor carrier of passengers for the abandonment or permanent or temporary discontinuance of transportation service previously authorized in a certificate".

Sec. 3.  G.S. 62‑26.16(7) is hereby amended by changing the period at the end thereof to a semicolon and adding the following:

"nor shall this fee apply to applications or petitions made by individuals seeking service from a public utility."

Sec. 4.  G.S. 62‑26.16 is hereby amended by inserting immediately following subdivision (10) the following new subdivision:

"(11)    Twenty cents (20¢) for each page reproduced by photostatic or similar process and for each page of an order which can be made available without the necessity of copying or reproduction."

Sec. 5.  G.S. 62‑121.18 is hereby rewritten to read as follows:

"62‑121.18.  Issuance of partnership certificates or permits. No certificate or permit shall be issued under this Article to two or more individuals until such individuals shall have executed a partnership agreement, filed a copy of said agreement with the Commission, and indicated to the Commission, in writing, that they have complied with Article 14 of Chapter 66 relating to doing business under an assumed name."

Sec. 6.  G.S. 62‑121.26 is hereby amended by inserting immediately following the second comma in line 3 thereof and immediately preceding the words "or any" the following:

"or control changed through stock transfer or otherwise,".

Sec. 7.  G.S. 62‑121.26 is further amended by inserting immediately following the word "Commission" and immediately preceding the comma in line 6 thereof the words and punctuation ", provided that the above provisions shall not apply to regular trading in listed securities on recognized markets".

Sec. 8.  G.S. 62‑121.34(d) is hereby amended by adding at the end thereof the following new sentence:

"Nothing in this Section or in this Article shall be construed to prevent the disclosure of any information contained in annual reports filed with the Commission by any carrier."

Sec. 9.  G.S. 62‑121.48(9) is hereby amended by inserting immediately preceding the last sentence thereof the following new sentence:

"It shall not be necessary for the Commission to give notice to the carriers affected or to hold a hearing prior to a revision in the rules regarding procedures to be followed in filing rates, charges or tariffs."

Sec. 10.  G.S. 62‑121.67(b) is hereby amended by striking out the words "upon ten (10) days' notice by registered mail" in line 9 thereof and by substituting in lieu thereof the words "without notice or hearing".

Sec. 11.  G.S. 62‑121.72(d) is hereby amended by adding at the end thereof the following new sentence:

"Nothing in this Section or in this Article shall be construed to prevent the disclosure of any information contained in annual reports filed with the Commission by any carrier."

Sec. 12.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 13.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 23rd day of May, 1961.