NORTH CAROLINA GENERAL ASSEMBLY
1975 SESSION
CHAPTER 867
HOUSE BILL 1256
AN ACT TO AMEND G.S. 62-10(e) CONCERNING VACANCIES IN THE CHAIRMANSHIP OF THE UTILITIES COMMISSION AND VACANCIES IN THE MEMBERSHIP OF SAID COMMISSION ARISING DURING LEGISLATIVE SESSIONS; TO AMEND G.S. 62-21 CONCERNING UTILIZATION OF STAFF ATTORNEYS TO ADVISE PANEL CHAIRMEN; TO AMEND G.S. 62-37 CONCERNING INDEPENDENT AUDITS AT THE EXPENSE OF PUBLIC UTILITIES; TO AMEND G.S. 62-78 AND G.S. 62-81 CONCERNING ORAL ARGUMENTS IN LIEU OF BRIEFS; AND TO AMEND G.S. 62-134 CONCERNING THE RIGHT OF PUBLIC INTERVENTION IN FUEL COST PROCEEDINGS.
The General Assembly of North Carolina enacts:
Section 1. G.S. 62-10(e), as rewritten by Chapter 243 of the 1975 Session Laws, is hereby amended by adding thereto at the end thereof the following sentence:
"Upon death or resignation of the commissioner appointed as chairman, the Governor shall designate the chairman from the remaining commissioners and appoint a successor as hereinafter provided to fill the vacancy on the commission."
Sec. 2. Subsections (g) and (h) of G.S. 62-10, as rewritten by Chapter 243 of the 1975 Session Laws, are hereby renumbered as subsections (h) and (i), and the last sentence of subsection (f) of G.S. 62-10 is hereby designated as subsection (g) and is rewritten to read as follows:
"(g) If a vacancy arises or exists pursuant to either subsection (a) or (c) or (f) of this section when the General Assembly is not in session, and the appointment is deemed urgent by the Governor, the commissioner may be appointed and serve on an interim basis pending confirmation by the General Assembly."
Sec. 3. G.S. 62-21 is hereby amended by adding thereto a new subsection (c) to read as follows:
"(c) The commission is authorized to utilize the commission attorney or other qualified staff attorneys not involved in the matter being considered as necessary to advise and counsel panel chairmen as to rules of evidence and rules of procedure in the conduct of any proceeding before a panel of three commissioners."
Sec. 4. G.S. 62-37 is hereby amended by adding at the end of subsection (b) the following words and punctuation:
"Provided, however, that the commission is authorized to order any such appraisal, investigations, or audit to be undertaken by a competent, qualified, and independent firm selected by the commission, the cost of such appraisal, investigation or audit to be borne by the public utility in question. Notwithstanding any other provisions of this Chapter, the commission is authorized to initiate a full and complete management audit of any public utility company once every five years, by a competent, qualified, and independent firm, such audit to thoroughly examine the efficiency and effectiveness of management decisions among other factors as directed by the commission. The cost of such audit is to be borne by the particular public utility subject to the audit; provided, however, that carriers subject to regulation by and auditing of the Interstate Commerce Commission shall not be required to bear the expense of additional audit of accounts or management audit required hereunder."
Sec. 5. G.S. 62-78, as amended by Chapter 243 of the 1975 Session Laws, is hereby amended by deleting the period at the end of subsection (a) and adding thereto the following words and punctuation:
"or, in its discretion, oral arguments in lieu thereof."
Sec. 6. G.S. 62-81, as amended by Chapter 243 of the 1975 Session Laws, is hereby amended as follows:
(a) By deleting the word "and" after the word "briefs" in subsection (a) line 9 and substituting in lieu thereof the word "or"; and
(b) By deleting the word "and" after the word "briefs" in subsection (a) line 12 and substituting in lieu thereof the word "or".
Sec. 7. G.S. 62134(e), as added by Chapter 243 of the 1975 Session Laws, is hereby amended by adding thereto at the end thereof the following sentence:
"In any proceeding pursuant to this subsection, any person directly interested in the proceeding shall have a full right of intervention."
Sec. 8. This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 26th day of June, 1975.