NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 877

SENATE BILL 943

 

 

AN ACT TO CREATE A NORTH CAROLINA ENERGY POLICY COUNCIL TO DEVELOP RECOMMENDATIONS FOR A COMPREHENSIVE, LONG-TERM STATE ENERGY POLICY AND TO ESTABLISH PROCEDURES FOR ENERGY CRISIS ADMINISTRATION UNDER THE DEPARTMENT OF MILITARY AND VETERANS AFFAIRS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  This act shall be known as the North Carolina Energy Policy Act of 1975.

Sec. 2.  G.S. 62-2 is hereby amended by deleting the entire section and substituting therefor the following:

"§62-2.  Declaration of policy. — Upon investigation, it has been determined that the rates, services and operations of public utilities as defined herein, are affected with the public interest and that the availability of an adequate and reliable supply of electric power and natural gas to the people, economy and government of North Carolina is a matter of public policy. It is hereby declared to be the policy of the State of North Carolina:

(1)        to provide fair regulation of public utilities in the interest of the public;

(2)        to promote the inherent advantage of regulated public utilities;

(3)        to promote adequate, reliable and economical utility service to all of the citizens and residents of the State;

(4)        to provide just and reasonable rates and charges for public utility services without unjust discrimination, undue preferences or advantages, or unfair or destructive competitive practices and consistent with long-term management and conservation of energy resources by avoiding wasteful, uneconomic and inefficient uses of energy;

(5)        to encourage and promote harmony between public utilities, their users and the environment;

(6)        to foster the continued service of public utilities on a well-planned and coordinated basis that is consistent with the level of energy needed for the protection of public health and safety and for the promotion of the general welfare as expressed in the State energy policy;

(7)        to seek to adjust the rate of growth of regulated energy supply facilities serving the State to the policy requirements of statewide development; and

(8)        to cooperate with other states and with the federal government in promoting and coordinating interstate and intrastate public utility service and reliability of public utility energy supply.

To these ends, therefore, authority shall be vested in the North Carolina Utilities Commission to regulate public utilities generally, their rates, services and operations, and their expansion in relation to long-term energy conservation and management policies and statewide development requirements, and in the manner and in accordance with the policies set forth in this Chapter. Nothing in this Chapter shall be construed to imply any extension of Utilities Commission regulatory jurisdiction over any industry or enterprise that is not subject to the regulatory jurisdiction of said Commission."

Sec. 3.  Legislative findings and purpose. Upon investigation the General Assembly hereby finds that:

(1)        Energy is essential to the health, safety and welfare of the people of this State and to the workings of the State economy;

(2)        Growth in the consumption of energy resources is in some part due to wasteful, uneconomic and inefficient uses of energy and a continuation of this trend will adversely affect the future social, economic and environmental development of North Carolina;

(3)        It is the responsibility of State government to encourage a reliable and adequate supply of energy for North Carolina at a level consistent with such energy needs required for the protection of public health and safety, and for the promotion of the general welfare; and

(4)        the State has not provided the basis for development of a long-range unified energy policy to encompass comprehensive energy resource planning and efficient management of the rate of consumption of existing energy resources in relation to economic growth, to effectively meet an energy crisis, to encourage development of alternative sources of energy, and to prudently conserve energy resources in a manner consistent with assuring a reliable and adequate supply of energy for North Carolina.

(5)        It is the expressed intent of this act to provide for development of such a unified energy policy for the State of North Carolina.

Sec. 4.  The General Statutes of North Carolina are hereby amended by adding a new Chapter 166A to read as follows:

"Chapter 166A. Energy Policy.

"Article 1.

"Energy Policy Council.

"§ 166A-1.  Creation of Energy Policy Council; purpose of council. — (a) There is hereby created a council, to advise and make recommendations on energy policy to the Governor and the General Assembly to be known as the Energy Policy Council which shall be located within the Department of Military and Veterans Affairs.

(b)        Notwithstanding any other provision of this Chapter, the provisions of the Executive Organization Act of 1973 or any other statute, the Energy Policy Council shall have the duty of recommending energy programs to the Governor and the General Assembly pursuant to this Article. The Energy Policy Council shall carry out its responsibilities under Articles 1 and 2 of this Chapter independently of the Secretary of the Department of Military and Veterans Affairs.

(c)        The Energy Policy Council shall serve as the central energy policy planning body of the State and shall communicate and cooperate with federal, State, regional and local bodies and agencies to the end of effecting a coordinated energy policy.

"§ 166A-2.  Composition of council; appointments; terms of members; qualifications. — (a) The Energy Policy Council shall consist of 14 members to be appointed as follows:

(1)        Two members of the North Carolina House of Representatives to be appointed by the Speaker of the House of Representatives;

(2)        Two members of the North Carolina Senate to be appointed by the President of the Senate;

(3)        Seven public members who are citizens of the State of North Carolina to be appointed by the Governor;

(4)        The Chairman of the North Carolina Utilities Commission, the Secretary of the Department of Natural and Economic Resources and the Commissioner of Agriculture shall serve as members of the Energy Policy Council.

(b)        Initial appointments to the Energy Policy Council shall be made by July 15, 1975, and each such appointee shall serve until January 31, 1977. Thereafter, the appointed members of the General Assembly shall serve two-year terms, and the appointed public members shall serve four-year terms. A member of the Energy Policy Council shall continue to serve until his successor is duly appointed, but such holdover shall not affect the expiration date of such succeeding term.

(c)        The public members of the Energy Policy Council shall have the following qualifications:

(1)        One such member shall be experienced in the electric power industry;

(2)        One such member shall be experienced in the natural gas industry;

(3)        One such member shall be experienced in the petroleum marketing industry;

(4)        One such member shall be experienced in economic analysis of energy requirements;

(5)        One such member shall be experienced in environmental protection;

(6)        One such member shall be experienced in industrial energy consumption;

(7)        One such member shall be knowledgeable of alternative sources of energy.

"§ 166A-3.  Chairman of council; replacement; reimbursement of members. — (a) On July 15, 1975, on January 31, 1977, and every four years thereafter, the Governor shall designate one of the members of the Energy Policy Council to serve as chairman of the council.

(b)        In case of a vacancy in the membership on the Energy Policy Council prior to the expiration of a member's term, a successor shall be appointed within 30 days of such vacancy for the remainder of the unexpired term by the appropriate official pursuant to the provisions of G.S. 166A-2.

(c)        Members of the Energy Policy Council shall be reimbursed for their services pursuant to the provisions of G.S. 138-5. Funds for said purpose shall be paid from the Contingency and Emergency Fund.

"§ 166A-4.  Organization of the council; adoption of rules of procedure therefor. — (a) To facilitate the work of the Energy Policy Council and for administrative purposes, the Chairman of the Energy Policy Council, with the consent and approval of the members, may organize the work of the council so as to carry out the provisions of this Chapter and to insure the efficient operation of the council.

(b)        The Energy Policy Council shall adopt its own rules of procedure and shall meet regularly at such times and in such places as it may deem necessary to carry out its functions.

(c)        The Energy Policy Council is authorized to create such advisory committees as will be needed to assist the council in its efforts and to assure adequate citizen-consumer input into those efforts. Members of advisory committees shall be appointed by the council for terms not to exceed the expiration date of terms of then present public members of the council.

"§ 166A-5.  General duties and responsibilities. — The Energy Policy Council shall have the following general duties and responsibilities:

(1)        To develop and recommend to the Governor a comprehensive long-range State energy policy to achieve maximum effective management and use of present and future sources of energy, such policy to include but not be limited to an energy conservation plan, an energy management plan, an emergency energy program, and an energy research and development program;

(2)        To conduct an ongoing assessment of the opportunities and constraints presented by various uses of all forms of energy and to encourage the efficient use of all such energy forms in a manner consistent with State energy policy;

(3)        To continually review and coordinate all State government research, education and management programs relating to energy matters and to continually educate and inform the general public regarding such energy matters;

(4)        To recommend to the Governor and to the General Assembly needed energy legislation and to recommend for implementation such modifications of energy policy, plans and programs as the council considers necessary and desirable.

"§ 166A-6.  Energy Conservation Plan; components. — (a) The Energy Policy Council shall prepare a recommended Energy Conservation Plan for transmittal to the Governor, the initial plan to be completed by January 30, 1976.

(b)        The Energy Conservation Plan shall be designed to assure the public health and safety of the people of North Carolina and to encourage and promote conservation of energy through reducing wasteful, inefficient or uneconomical uses of energy resources.

(c)        The Energy Conservation Plan shall include but not be limited to the following recommendations:

(1)        Recommendations to the Building Code Council for lighting, insulation, climate control systems and other building design and construction standards which increase the efficient use of energy and are economically feasible to implement;

(2)        Recommendations to the Building Code Council for per unit energy requirement allotments based upon square footage for various classes of buildings which would reduce energy consumption, yet are both technically and economically feasible and not injurious to public health and safety;

(3)        Recommendations for minimum levels of operating efficiency for all appliances whose use requires a significant amount of energy based upon both technical and economic feasibility considerations;

(4)        Recommendations for State government purchases of supplies, vehicles and equipment and such operating practices as will make possible more efficient use of energy;

(5)        Recommendations on energy conservation policies, programs and procedures for local units of government;

(6)        Any other recommendations which the Energy Policy Council considers to be a significant part of a statewide conservation effort and which include provisions for sufficient incentives to further energy conservation;

(7)        An economic and environmental impact analysis of the recommended plan.

(d)        In addition to specific conservation recommendations, the Energy Conservation Plan shall contain proposals for implementation of such recommendations as can be carried out by Executive Order. Upon completion of a draft recommended plan, the council shall arrange for its distribution to interested parties and shall make such plan available to the public and the council further shall set a date for public hearing on said plan.

(e)        Upon completion of the Energy Conservation Plan, the council shall transmit said plan, to be known as the State Energy Conservation Plan, to the Governor for approval or disapproval. Upon approval, the Governor shall assign administrative responsibility for such implementation as can be carried out by Executive Order to appropriate agencies of State government, and submit to the General Assembly such proposals which require legislative action for implementation.

(f)         The Governor shall transmit the approved Energy Conservation Plan to the President of the Senate, to the Speaker of the House of Representatives, to the heads of all State agencies and shall further seek to publicize such plan and make it available to all units of local government and to the public at large.

(g)        At least every two years and whenever such changes take place as would significantly affect energy supply or demand in North Carolina, the Energy Policy Council shall review and, if necessary, revise the Energy Conservation Plan, transmitting such revised plan to the Governor pursuant to the procedures contained in subsections (e) and (f) of this section.

"§ 166A-7.  Energy Management Plan; components. — (a) The Energy Policy Council shall prepare a recommended Energy Management Plan for transmittal to the Governor, the initial plan to be completed by June 30, 1976.

(b)        The Energy Management Plan shall be designed to encourage the most efficient use of all sources of energy available to meet the needs of the State and to avoid undue dependence upon relatively limited, unreliable or uneconomical sources of energy.

(c)        The Energy Management Plan shall include but not be limited to the following:

(1)        An analysis of the current pattern of consumption of energy throughout the State by category of energy user and by sources of energy supply;

(2)        An assessment of the effect of demand and supply of different forms of energy upon the current pattern of consumption;

(3) An independent analysis, in five-, ten- and twenty-year forecasts, of future energy production, supplies and consumption for North Carolina in relation to forecasts of statewide population growth and economic expansion;

(4)        An analysis of the anticipated effects of recommended conservation measures upon the consumption of energy in the State;

(5)        An assessment of the possible effects of national energy and economic policy and international economic and political conditions upon an adequate and reliable supply of different forms of energy for North Carolina;

(6)        An assessment of the social, economic and environmental effects of alternative future consumption patterns on energy usage in North Carolina, including the potentially disruptive effects of supply limitations;

(7)        Recommendations on the use of different future energy sources that seem most appropriate and feasible for North Carolina in meeting expected energy needs during the next five-, ten- and twenty-year periods, with consideration given to growth trends in North Carolina industry and possible adverse economic impact on such trends.

(d)        In addition to the above, the Energy Management Plan shall contain proposals for the implementation of such recommendations as can be carried out by Executive Order. Upon completion of a draft recommended plan, the council shall arrange for its distribution to interested parties and shall make such plan available to the public and the council further shall set a date for public hearing on said plan.

(e)        Upon completion of the Energy Management Plan, the council and the Governor shall follow the procedures as outlined in G.S. 166A-6(e) and (f).

(f)         The council shall update such plan upon a finding by it that an update is justified and shall follow the procedures for adoption pursuant to G.S. 166A-6(e) and (f).

"§ 166A-8.  Emergency Energy Program; components. — (a) The Energy Policy Council shall, in accordance with the provisions of this Article, develop contingency and emergency plans to deal with possible shortages of energy to protect public health, safety and welfare, such plans to be compiled into an Emergency Energy Program.

(b)        Within four months of the effective date of this Article:

(1)        Each electric utility and natural gas utility in the State shall prepare and submit to the Energy Policy Council a proposed emergency curtailment plan setting forth proposals for identifying priority loads or users in the event of the declaration of an energy crisis pursuant to G.S. 166A-20, and proposals for supply allocation to such priority loads or users.

(2)        Each major oil producer doing business in this State as determined by the Energy Policy Council, shall prepare and submit to the Energy Policy Council an analysis of how any national supply curtailment pursuant to federal regulations shall effect the supply for North Carolina and how priority users will be determined and available supplies allocated to such users.

(c)        The Energy Policy Council shall encourage the preparation of joint emergency curtailment plans and analyses. If such cooperative plans and analyses are developed between two or more utilities, major producers or by an association of such companies, the joint plans or analyses may be submitted to the Energy Policy Council in lieu of information required pursuant to subsection (b) of this section.

(d)        The Energy Policy Council shall collect from all relevant governmental agencies any existing contingency plans for dealing with sudden energy shortages or information related thereto.

(e)        The Energy Policy Council shall hold one or more public hearings, investigate and review the plans submitted pursuant to this section, and, within nine months after the effective date of this Article, the Energy Policy Council shall approve and recommend to the Governor guidelines for emergency curtailment to be known as the Emergency Energy Program and to be implemented upon adoption by the Governor after the declaration of an energy crisis and pursuant to G.S. 166A-20 and G.S. 166A-23. Said program shall be based upon the plans presented to the Energy Policy Council, upon independent analysis and study by the council, and upon information provided at the hearing or hearings, provided, however, that they are consistent with such federal programs and regulations as are already in effect at that time.

(f)         The Emergency Energy Program shall provide for the maintenance of essential services, the protection of public health, safety, and welfare, and the maintenance of a sound basic State economy. Provisions also shall be made in said program to differentiate curtailment of energy consumption by users on the basis of ability to accommodate such curtailments, and shall also include, but not be limited to, the following:

(1)        A variety of strategies and staged conservation measures of increasing intensity and authority to reduce energy use during an energy crisis, as defined in G.S. 166A-20 and guidelines and criteria for allocation of energy sources to priority users. The program shall contain alternative conservation actions and allocation plans to reasonably meet various foreseeable shortage circumstances and to allow a choice of appropriate responses;

(2)        Evidence that the program is consistent with requirements of federal emergency energy conservation and allocation laws and regulations;

(3)        Proposals to assist such individuals, institutions, agriculture and businesses which have engaged in energy saving measures;

(4)        Procedures for implementing the State's responsibility as delegated by the Federal Mandatory Allocation Program for Middle Distillate Fuels as set forth in Chapter XIII of Title 32A, Code of Federal Regulations, as well as any succeeding federal programs, laws, orders, rules or regulations relating to the allocation, conservation or consumption of energy resources, including the Emergency Petroleum Allocation Act of 1973 and all orders, rules and regulations pursuant thereto; and

(g)        The Energy Policy Council shall carry out such investigations and studies as are necessary to determine if and when potentially serious shortages of energy are likely to affect North Carolina and the council shall make recommendations to the Governor concerning administrative and legislative actions required to avert such shortages, such recommendations to be included as a section of the Emergency Energy Program.

(h)        In addition to the above information and recommendations, the program shall contain proposals for implementation of such recommendations which include procedures, rules and regulations and agency administrative responsibilities for implementation, and shall further contain procedures for fair and equitable review of complaints and requests for special exemptions from emergency conservation measures or emergency allocations. Upon completion of a draft recommended plan, the council shall arrange for its distribution to interested parties and shall make such plan available to the public and the council further shall set a date for public hearing on said plan.

(i)         Upon completion of the Emergency Energy Allocation Program, the council and the Governor shall follow the procedures as outlined in G.S. 166A-6(e)and (f).

(j)         The council shall update said program every three years and shall follow the procedures for adoption pursuant to G.S. 166A-6(e) and (f).

"§ 166A-9.  Energy Research and Development Program; information gathering; coordination of energy research and planning. — (a) The Energy Policy Council shall encourage, through its activities, research studies and projects which are related to energy conservation and management and to the development of alternative energy technologies.

(b)        The council shall develop and coordinate a statewide program of research and development in energy related matters and shall give priority in encouraging and supporting such efforts to those areas of energy research and development which are of particular importance to North Carolina.

(c)        The council shall serve as the central repository within State government for the collection and storage of data and information on energy-related matters. To this end the council shall develop an energy information reporting system for use by all governmental agencies and by the general public.

(d)        The council shall review and coordinate all State agency research and planning relating to energy in an effort to reduce duplication of work and shall be the lead State agency for coordination of energy matters with local government, regional organizations, other states and the federal government.

(e)        The council may request and utilize the advice, information and services of all State, regional, local and federal agencies and shall cooperate with the President of the United States and all said agencies in matters relating to energy research, programs and policy.

"§ 166A-10.  Powers and authority. — (a) The Energy Policy Council is authorized to secure directly from any officer, office, department, commission, board, bureau, institution and other agency of the State and its political subdivisions any information it deems necessary to carry out its functions; and all such officers and agencies shall cooperate with the council and, to the extent permitted by law, furnish such information to the council as it may request.

(b)        To assure the adequate development of relevant energy information, as provided in G.S. 166A-9, the council may require all energy producers and major energy consumers, as determined by the council, to file such reports and forecasts and at such dates as the council may request; provided, however, that the council may request only specific energy-related information which it deems necessary to carry out its duties as defined in Articles 1 and 2 of this Chapter.

(c)        The council shall have authority to apply for and utilize grants, contributions and appropriations in order to carry out its duties as defined in Articles 1 and 2 of this Chapter, provided, however, that all such applications and requests are made through and administered by the Department of Military and Veterans Affairs.

(d)        The council shall have authority to request said Division to allocate and dispense any funds made available to the council for energy research and related work efforts in such a manner as the council desires subject only to the stipulation that said funds be reasonably used in furtherance of the purposes of this Article.

(e)        The Department of Military and Veterans Affairs shall structure an energy staff capability so as to provide sufficient permanent staffing for the Energy Policy Council to fully and effectively develop recommendations for a comprehensive State energy policy as contained in the provisions of this Article. The Department shall further designate one such staff person as stall coordinator for the council. The Utilities Commission is hereby authorized to make its staff available to the Council to assist in the development of a State Energy Policy.

"§ 166A-11.  Annual reports; contents. — (a) Beginning January 1, 1977, and every year thereafter, the Energy Policy Council shall transmit to the Governor, the Speaker of the House of Representatives, the President of the Senate the Chairman of the Utilities Commission and the appropriate chairmen of the House and Senate committees concerned with energy matters, a comprehensive report providing a general overview of energy conditions in the State. On January 1, 1976, the Energy Policy Council shall transmit a progress report to the public officials named above.

(b)        The report shall include, but not be limited to, the following:

(1)        An overview of statewide growth and development as they relate to future requirements for energy, including patterns of urban and metropolitan expansion, shifts in transportation modes, modifications in building types and design, and other trends and factors which, as determined by the council, will significantly affect energy needs;

(2)        The level of statewide and multi-county regional energy demand for a five- ten- and twenty-year forecast period which, in the judgment of the council, can reasonably be met, with proposals as to possible energy supply sources;

(3)        An assessment of growth trends in energy consumption and production and an identification of potential adverse social, economic, or environmental impacts which might be imposed by continuation of the present trends, including energy costs to consumers, significant increases in air, water, and other forms of pollution, threats to public health and safety and loss of scenic and natural areas;

(4)        An analysis and evaluation of the means by which the projected annual growth rate of energy demand may be reduced, together with an estimate of the amount of such reduction to be obtained by each of the means analyzed and evaluated;

(5)        The status of the council's ongoing energy research and development program and an assessment of the energy research and planning efforts carried out in North Carolina;

(6)        Recommendations to the Governor and the General Assembly tor additional administrative and legislative actions on energy matters;

(7)        A summary of the council's activities since its inception, a description of major plans developed by the council, an assessment of plan implementation, and a review of council plans and programs for the coming biennium.

"Article 2.

"Energy Crisis Administration.

"§ 166A-20.  Definition; declaration of energy crisis. — (a) 'Energy Crisis' - An energy crisis exists when the health, welfare or safety of the citizens of North Carolina are threatened by reason of an actual or impending acute shortage in usable, necessary energy resources.

(b)        Upon a finding by the Governor that the conditions stated in subsection (a) do exist, the Governor may declare the existence of an energy crisis.

"§ 166A-21.  Creation of Legislative Committee on Energy Crisis Management. — (a) There is hereby created a Legislative Committee on Energy Crisis Management to consist of the Speaker as chairman, the Speaker Pro-Tem of the House of Representatives, and the President Pro-Tem and Majority Leader of the Senate. The Lieutenant Governor shall serve as a nonvoting, ex officio member, provided, however, that he shall vote to break a tie.

(b)        The Legislative Committee shall convene within 24 hours following the declaration of an energy crisis, as provided in G.S. 166A-20.

(c)        Members of the Legislative Committee shall be reimbursed for their services pursuant to the provisions of G.S. 138-5.

"§ 166A-22.  Procedures for adopting emergency proposals; emergency powers. — (a) Upon the declaration of an energy crisis, the Governor shall submit to the Legislative Committee for its prompt consideration such emergency orders, rules and regulations as deemed necessary to alleviate the effects of the energy crisis.

(b)        The Legislative Committee shall act immediately on the Governor's emergency proposals and in no event shall such action be taken later than 48 hours following receipt of said proposals. The Legislative Committee may approve, amend or rescind such emergency proposals as it may deem advisable to alleviate the effects of the energy crisis. If the Legislative Committee fails to act within 48 hours of receipt, the emergency orders, rules or regulations shall become effective as promulgated by the Governor.

(c)        No order, rule or regulation promulgated under the provisions of this section shall remain in effect for more than 30 days unless it is renewed by affirmative action of the Legislative Committee.

(d)        The Governor's orders, rules and regulations, promulgated, subject to the review of the Legislative Committee, pursuant to this section, may also include, by way of further enumerated example rather than limitation, provisions for the establishment and implementation of programs, controls, standards, priorities, and quotas for the allocation, conservation and consumption of energy resources; the suspension and modification of existing standards and requirements affecting or affected by the use of energy resources, including those relating to air quality control and the hours and days during which public buildings may or may not be required to remain open; and the establishment and implementation of regional programs and agreements for the purposes of coordinating the energy resource programs and actions of the State with those of the federal government and of other states and localities.

"§ 166A-23.  Administration of plans and procedures. — (a) Upon the declaration of an energy crisis, pursuant to G.S. 166A-20, the Energy Policy Council shall become the emergency energy coordinating body for the State and shall carry out the following duties:

(1)        Identify and determine the nature and severity of expected energy shortages;

(2)        Provide for daily communications with and gather information from significant energy producers, distributors, transporters and major consumers, as determined by the Energy Policy Council, to carry out its responsibilities pursuant to this section;

(3)        Provide data, carry out continuing assessments of the crisis situation, and make recommendations to the Governor and to the Legislative Committee for further action.

(b)        Upon the declaration of an energy crisis and upon the approval of the Legislative Committee, the Governor shall order the Energy Policy Council, the Utilities Commission, the Attorney General and other appropriate State and local agencies to implement and enforce the Emergency Energy Program pursuant to G.S. 166A-8 and any emergency rules, orders or regulations approved pursuant to G.S. 166A-22.

(c)        Upon the declaration of an energy crisis, the Governor may employ such measures and give such direction to State and local offices and agencies as may be reasonable and necessary for the purpose of securing compliance with the provisions of this Article and with emergency rules, orders and regulations issued pursuant to G.S. 166A-22.

"§ 166A-24.  Enforcement; penalties for violations. — (a) The Attorney General and the law enforcement authorities of the State and its political subdivisions shall enforce the provisions of this Article and all orders, rules and regulations promulgated pursuant to G.S. 166A-22.

(b)        Any person who violates this Article or any rules, orders or regulations promulgated pursuant to G.S. 166A-22 or knowingly or willfully submits false information in any report required herein shall be guilty of a misdemeanor punishable as provided in G.S. 14‑3.

(c)        The provisions of this Article or any rules, orders or regulations promulgated pursuant to G.S. 166A-22 may be enforced by bringing an action to enjoin such acts or practices as may be in violation and, upon a proper showing, a temporary restraining order or a preliminary or permanent injunction shall be issued. The relief sought may include a mandatory injunction commanding any person to comply with any such order, rule or regulation and restitution of money received in violation of any such order, rule or regulation. The Attorney General shall bring any action under this subdivision upon the request of the Governor, the Legislative Committee on Energy Crisis Management, the Energy Policy Council, or upon his direction if he deems such action advisable and in the public interest. The Attorney General may institute such action in the Superior Court of Wake County, or, in his discretion, in the Superior Court of the county in which the acts or practices constituting a violation occurred, are occurring or may occur."

Sec. 5.  If any provision of this act shall be held invalid, the remainder of this act shall not be affected thereby.

Sec. 6.  This act shall become effective July 1, 1975.

In the General Assembly read three times and ratified, this the 26th day of June, 1975.