Unless the context otherwise requires, the following words and phrases shall have the meanings indicated when used in this Part:
(1) "Assigned area" means any portion of an area annexed to or incorporated into a city which, on or before the effective date of annexation or incorporation, had been assigned by the North Carolina Utilities Commission to a specific electric supplier pursuant to G.S. 62-110.2.
(1a) "Assigned supplier" means a person, firm, or corporation to which the North Carolina Utilities Commission had assigned a specific area for service as an electric supplier pursuant to G.S. 62-110.2, which area, in whole or in part, is subsequently annexed to or incorporated into a city.
(1b) The "determination date" is
a. April 20, 1965, with respect to areas within the corporate limits of any city as of April 20, 1965;
b. The effective date of annexation with respect to areas annexed to any city after April 20, 1965;
c. The date a primary supplier comes into being with respect to any city first incorporated after April 20, 1965.
(2) "Line" means any conductor located inside the city, or any conductor within 300 feet of areas annexed by the city that is a primary supplier, for distributing or transmitting electricity, except as follows:
a. For overhead construction, a conductor from the pole nearest the premises of a consumer to such premises, or a conductor from a line tap to such premises.
b. For underground construction, a conductor from the transformer (or the junction point, if there be one) nearest the premises of a consumer to such premises.
(3) "Premises" means the building, structure, or facility to which electricity is being or is to be furnished. Two or more buildings, structures, or facilities that are located on one tract or contiguous tracts of land and are used by one electric consumer for commercial, industrial, institutional, or governmental purposes, shall together constitute one "premises," except that any such building, structure, or facility shall not, together with any other building, structure, or facility, constitute one "premises" if the electric service to it is separately metered and the charges for such service are calculated independently of charges for service to any other building, structure, or facility.
(4) "Primary supplier" means a city that owns and maintains its own electric system, or a person, firm, or corporation that furnishes electric service within a city pursuant to a franchise granted by, or contract with, a city, or that, having furnished service pursuant to a franchise or contract, is continuing to furnish service within a city after the expiration of the franchise or contract.
(5) "Secondary supplier" means a person, firm, or corporation that is not a primary supplier, but that furnishes electricity at retail to one or more consumers other than itself within the limits of a city, or that has a conductor located within 300 feet of an area annexed by a city that is a primary supplier. A primary supplier that furnishes electric service within a city pursuant to a franchise or contract that limits or restricts the classes of consumers or types of electric service permitted to such supplier shall, in and with respect to any area annexed by the city after April 20, 1965, be a primary supplier for such classes of consumers or types of service, and if it furnishes other electric service in the annexed area on the effective date of annexation, shall be a secondary supplier, in and with respect to such annexed area, for all other electric service. A primary supplier that continues to furnish electric service after the expiration of a franchise or contract that limited or restricted such primary supplier with respect to classes of consumers or types of electric service shall, in and with respect to any area annexed by the city after April 20, 1965, be a secondary supplier for all electric service if it is furnishing electric service in the annexed area on the effective date of annexation. (1965, c. 287, s. 1; 1971, c. 698, s. 1; 1973, c. 426, s. 52; 1997-346, s. 1; 1999-111, s. 1; 2003-24, s. 1; 2005-150, s. 2.)
§ 160A-331.1: Repealed by Session Laws 2007-419, s. 3, effective August 21, 2007.
Notes of Decisions
City of Concord v. Duke Power Co., 485 S.E.2d 278 (N.C. 1997).
· cites it 66× “The City appealed to the Court of Appeals contending that the trial court erred in determining that section 160A-332(a)(5) of the North Carolina General Statutes gave Duke service rights to the Catchpole premises.”
Duke Power Co. v. City of High Point, 317 S.E.2d 701 (N.C. Ct. App. 1984).
· cites it 16× “160A-312 and its rights to extend such service within City limits under G.S. 160A-331 to 160A-338 and we refute Duke’s contention that a City’s rights under G.”
City of New Bern v. Carteret-Craven Elec. Membership Corp., 567 S.E.2d 131 (N.C. 2002).
· cites it 37× “Plaintiff contends that the Court of Appeals correctly determined that both the old and the new hospital buildings constitute the same “premises” for purposes of N.C.G.S. §§ 160A-331 and 160A-332, and therefore plaintiff has the exclusive right to provide electric service to the…”
City of Concord v. Duke Power Co., 468 S.E.2d 615 (N.C. Ct. App. 1996).
· cites it 16× “N.C. Gen. Stat. § 160A-331 entitled “Definitions” provides: *251 Unless the context otherwise requires, the following words and phrases shall have the meanings indicated when used in this Part: (1)The “determination date” is a.”
Dom. Elec. Serv., Inc. v. City of Rocky Mount, 201 S.E.2d 508 (N.C. Ct. App. 1974).
· cites it 4× “In seeking to serve customers in the same geographical area, they built electric power lines that paralleled and crossed each other.”
Dom. Elec. Serv., Inc. v. City of Rocky Mount, 203 S.E.2d 838 (N.C. 1974).
“The first, relating to electric service within the corporate limits of municipalities, is codified as G.S. 160A-331 to G.S. 160A-338, including subsequent amendments not pertinent to this appeal.”
Duke Power Co. v. City of Morganton, 370 S.E.2d 54 (N.C. Ct. App. 1988).
“2, G.S. 160A-331 to 160A-338), which was enacted at the behest of virtually all the State’s suppliers of electric power.”
Duke Power Co. v. City of High Point, 205 S.E.2d 774 (N.C. Ct. App. 1974).
“While this does not bear directly on the question presented here, we observe that by the enactment of Chapter 287 (G.S. 160A-331, et seq.), the 1965 General Assembly took a considerable step in recognizing rights of non-municipal suppliers of electric power in cities operating…”
— N.C. Gen. Stat. § 160A-331(1) — 3 cases
City of Concord v. Duke Power Co., 485 S.E.2d 278 (N.C. 1997).
“The City appealed to the Court of Appeals contending that the trial court erred in determining that section 160A-332(a)(5) of the North Carolina General Statutes gave Duke service rights to the Catchpole premises.”
City of Concord v. Duke Power Co., 468 S.E.2d 615 (N.C. Ct. App. 1996).
“N.C. Gen. Stat. § 160A-331 entitled “Definitions” provides: *251 Unless the context otherwise requires, the following words and phrases shall have the meanings indicated when used in this Part: (1)The “determination date” is a.”
— N.C. Gen. Stat. § 160A-331(1)(b) — 1 case
City of Concord v. Duke Power Co., 485 S.E.2d 278 (N.C. 1997).
“The City appealed to the Court of Appeals contending that the trial court erred in determining that section 160A-332(a)(5) of the North Carolina General Statutes gave Duke service rights to the Catchpole premises.”
— N.C. Gen. Stat. § 160A-331(2) — 1 case
City of Concord v. Duke Power Co., 485 S.E.2d 278 (N.C. 1997).
“The City appealed to the Court of Appeals contending that the trial court erred in determining that section 160A-332(a)(5) of the North Carolina General Statutes gave Duke service rights to the Catchpole premises.”
— N.C. Gen. Stat. § 160A-331(3) — 3 cases
City of Concord v. Duke Power Co., 485 S.E.2d 278 (N.C. 1997).
“The City appealed to the Court of Appeals contending that the trial court erred in determining that section 160A-332(a)(5) of the North Carolina General Statutes gave Duke service rights to the Catchpole premises.”
City of New Bern v. Carteret-Craven Elec. Membership Corp., 567 S.E.2d 131 (N.C. 2002).
“Plaintiff contends that the Court of Appeals correctly determined that both the old and the new hospital buildings constitute the same “premises” for purposes of N.C.G.S. §§ 160A-331 and 160A-332, and therefore plaintiff has the exclusive right to provide electric service to the…”
— N.C. Gen. Stat. § 160A-331(4) — 1 case
City of New Bern v. Carteret-Craven Elec. Membership Corp., 567 S.E.2d 131 (N.C. 2002).
“Plaintiff contends that the Court of Appeals correctly determined that both the old and the new hospital buildings constitute the same “premises” for purposes of N.C.G.S. §§ 160A-331 and 160A-332, and therefore plaintiff has the exclusive right to provide electric service to the…”
— N.C. Gen. Stat. § 160A-331(5) — 3 cases
City of New Bern v. Carteret-Craven Elec. Membership Corp., 567 S.E.2d 131 (N.C. 2002).
“Plaintiff contends that the Court of Appeals correctly determined that both the old and the new hospital buildings constitute the same “premises” for purposes of N.C.G.S. §§ 160A-331 and 160A-332, and therefore plaintiff has the exclusive right to provide electric service to the…”
Duke Power Co. v. City of High Point, 317 S.E.2d 701 (N.C. Ct. App. 1984).
“160A-312 and its rights to extend such service within City limits under G.S. 160A-331 to 160A-338 and we refute Duke’s contention that a City’s rights under G.”
— N.C. Gen. Stat. § 160A-331(l) — 1 case
City of Concord v. Duke Power Co., 468 S.E.2d 615 (N.C. Ct. App. 1996).
“N.C. Gen. Stat. § 160A-331 entitled “Definitions” provides: *251 Unless the context otherwise requires, the following words and phrases shall have the meanings indicated when used in this Part: (1)The “determination date” is a.”
— N.C. Gen. Stat. § 160A-331(l)(b) — 1 case
City of Concord v. Duke Power Co., 485 S.E.2d 278 (N.C. 1997).
“The City appealed to the Court of Appeals contending that the trial court erred in determining that section 160A-332(a)(5) of the North Carolina General Statutes gave Duke service rights to the Catchpole premises.”
— N.C. Gen. Stat. § 160A-331(lb) — 2 cases
City of New Bern v. Carteret-Craven Elec. Membership Corp., 567 S.E.2d 131 (N.C. 2002).
“Plaintiff contends that the Court of Appeals correctly determined that both the old and the new hospital buildings constitute the same “premises” for purposes of N.C.G.S. §§ 160A-331 and 160A-332, and therefore plaintiff has the exclusive right to provide electric service to the…”
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