N.C. Gen. Stat. » Chapter 62
NC General Statutes

N.C. Gen. Stat. § 62-134 (2026)

Change of rates; notice; suspension and investigation

✓ current as of July 2026
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(a) Unless the Commission otherwise orders, no public utility shall make any changes in any rate which has been duly established under this Chapter, except after 30 days' notice to the Commission, which notice shall plainly state the changes proposed to be made in the rates then in force, and the time when the changed rates will go into effect. The public utility shall also give such notice, which may include notice by publication, of the proposed changes to other interested persons as the Commission in its discretion may direct. All proposed changes shall be shown by filing new schedules, or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection. The Commission, for good cause shown in writing, may allow changes in rates without requiring the 30 days' notice, under such conditions as it may prescribe. All such changes shall be immediately indicated upon its schedules by such public utility.

(b) Whenever there is filed with the Commission by any public utility any schedule stating a new or revised rate or rates, the Commission may, either upon complaint or upon its own initiative, upon reasonable notice, enter upon a hearing concerning the lawfulness of such rate or rates. Pending such hearing and the decision thereon, the Commission, upon filing with such schedule and delivering to the public utility affected thereby a statement in writing of its reasons therefor, may, at any time before they become effective, suspend the operation of such rate or rates, but not for a longer period than 270 days beyond the time when such rate or rates would otherwise go into effect. If the proceeding has not been concluded and an order made within the period of suspension, the proposed change of rate shall go into effect at the end of such period. After hearing, whether completed before or after the rate goes into effect, the Commission may make such order with respect thereto as would be proper in a proceeding instituted after it had become effective.

(c) At any hearing involving a rate changed or sought to be changed by the public utility, the burden of proof shall be upon the public utility to show that the changed rate is just and reasonable.

(d) Notwithstanding the provisions of this Article, any public utility engaged solely in distributing electricity to retail customers, which electricity has been purchased at wholesale rates from another public utility, an electric membership corporation or a municipality, may in its discretion, and without the necessity of public hearings as in this section is otherwise provided, elect to adopt the same retail rates to customers charged by the public utility, electric membership corporation or municipality from whom the wholesale power is purchased for the same service, unless the North Carolina Utility Commission finds upon a hearing, either on its own initiative or upon complaint, that the rate of return earned by such utility upon the basis of such rates is unjust and unreasonable. In such a proceeding the burden of proof shall be upon the electrical distribution company.

(e) Repealed by Session Laws 1981 (Regular Session, 1982), c. 1197, s. 2.

(f) The Commission may adopt rules prescribing the information and exhibits required to be filed with any applications, or tariff for an increase in utility rates, including but not limited to all of the evidence or proof through the end of the test period which the utility will rely on at any hearing on such increase, and the Commission may suspend such increase until such data, information or exhibits are filed, in addition to the time provided for suspension of such increase in other provisions of this Chapter.

(g) The provisions of this section shall not be applicable to bus companies or to their rates, fares or tariffs.

(h) Notwithstanding the requirements of subsections (a) and (b) of this section, the Commission may, in lieu of fixing specific rates or tariffs for competitive services offered by a public utility defined in G.S. 62-3(23)a.6., adopt practices and procedures to permit pricing flexibility, detariffing services, or both.  In exercising its authority to permit pricing flexibility, detariffing of services, or both, the Commission shall first determine that the service is competitive.  After a determination that the service is competitive, the Commission shall consider the following in deciding whether to permit pricing flexibility, detariffing of services, or both:

(1) The extent to which competing telecommunications services are available from alternative providers in the relevant geographic or service market;

(2) The market share, growth in market share, ease of entry, and affiliations of alternative providers;

(3) The size and number of alternative providers and the ability of such alternative providers to make functionally equivalent or substitute services readily available at competitive rates and on competitive terms and conditions;

(4) Whether the exercise of Commission authority produces tangible benefits to consumers that exceed those available by reliance on market forces;

(5) Whether the exercise of Commission authority inhibits the public utility from competing with unregulated providers of functionally equivalent telecommunications services;

(6) Whether the existence of competition tends to prevent abuses, unjust discrimination or excessive charges for the service or facility offered;

(7) Whether the public utility would gain an unfair advantage in its competitive activities; and

(8) Any other relevant factors protecting the public interest.

(i) On motion of any interested party and for good cause shown, the Commission shall hold hearings prior to adopting any pricing flexibility or detariffing of services permitted under this section.  The Commission may also revoke a determination made under this section when the Commission determines, after notice and opportunity to be heard, that the public interest requires that the rates and charges for the service be more fully regulated.

(j) Notwithstanding the provisions of G.S. 62-140, the Commission may permit public utilities subject to subsection (h) of this section to offer competitive services to business customers upon agreement between the public utility and the customer provided the services are compensatory and cover the costs of providing the service. (1933, c. 307, s. 7; 1939, c. 365, s. 3; 1941, c. 97; 1945, c. 725; 1947, c. 1008, s. 24; 1949, c. 1132, s. 22; 1959, c. 422; 1963, c. 1165, s. 1; 1971, c. 551; 1973, c. 1444; 1975, c. 243, s. 8; c. 510, c. 867, s. 7; 1981 (Reg. Sess., 1982), c. 1197, s. 2; 1985, c. 676, s. 15(3); 1989, c. 112, s. 3.)

 

Notes of Decisions
Cited in 38 cases (2 in the last 5 years), 1972–2026 · leading case: State Ex Rel. Utils. Comm'n v. Edmisten, 232 S.E.2d 184 (N.C. 1977).
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State Ex Rel. Utils. Comm'n v. Edmisten, 232 S.E.2d 184 (N.C. 1977). · cites it 30× “62-134(e) provides: “All monthly fuel adjustment rate increases based solely upon the increased cost of fuel, as to each public utility, as presently approved by the Commission shall fully terminate effective September 1, 1975 * * * .”
S. Motor Carriers Rate Conf., Inc. v. United States, 471 U.S. 48 (1985). · cites it 6× “[2] N. C. Gen. Stat. § 62-134(a) (1982); Ga. Code Ann.”
State Ex Rel. Utils. Comm'n v. Pub. Staff-North Carolina Utils. Comm'n, 529 PA 82 (N.C. 1983). · cites it 9× “Paragraph (B) provided that for this type of transaction only the selling utility’s specifically identifiable fuel costs (the fuel component only) could be considered in adjusting the purchasing utility’s rates pursuant to G.S. § 62-134(e). All other costs in this Paragraph (B)…”
State Ex Rel. Utils. Comm'n v. Edmisten, 230 S.E.2d 651 (N.C. 1976). · cites it 12× “Further, nothing in the statute indicates a legislative intent that once the Commission exercises its discretionary power and suspends rates, it thereby necessarily exhausts its authority in that regard so as thereafter to be precluded from withdrawing or modifying the…”
State Ex Rel. Utils. Comm'n v. Gen. Tel. Co. of the Se., 189 S.E.2d 705 (N.C. 1972). · cites it 6× “The city contends the full amount of the excess, as shown in the testimony of Mr.”
State Ex Rel. Utils. Comm'n v. Duke Power Co., 287 S.E.2d 786 (N.C. 1982). · cites it 4× “§ 62-137), suspended the proposed adjustments for a period of up to 270 days (G.S. § 62-134), and ordered public hearings on the proposed rates and publication of notices of such hearings.”
State ex rel. Utils. Comm'n v. Virginia Elec. & Power Co., 269 S.E.2d 657 (N.C. Ct. App. 1980). · cites it 7× “In its 31 July 1979 order entered in combined Dockets E-22, Sub 236 (the investigatory proceeding initiated by the Commission) and Dockets E-22, Sub 239 through 244, inclusive (the proceedings brought by Vepco under G.S. 62-134(e) to adjust its rates and charges solely upon the…”
State ex rel. Utils. Comm'n v. Carolina Power & Light Co., 358 S.E.2d 35 (N.C. 1987). · cites it 9× “*5 In 1975, the General Assembly enacted former N.C.G.S. § 62-134(e) (repealed 17 June 1982) which provided that rates could be adjusted on the basis of changes in fuel costs only with approval of the Commission after a public hearing.”
State Ex Rel. Utils. Comm'n v. Morgan, 192 S.E.2d 842 (N.C. Ct. App. 1972). · cites it 10× “G.S. 62-134 is as follows: “Change of rates; notice; suspension and investigation.”
State Ex Rel. Utils. Comm'n v. Empire Power Co., 435 S.E.2d 553 (N.C. Ct. App. 1993). · cites it 4× “In Edmisten , the Supreme Court found that the language of N.C. Gen. Stat. § 62-134 (e) was clear and unambiguous, and thus the Commission could not employ a more general statute, *272 N.”
State Ex Rel. Utils. Comm'n v. North Carolina Textile Mfrs. Ass'n, 296 S.E.2d 487 (N.C. Ct. App. 1982). · cites it 4× “8110UC392, that to allow an increase in rates based on increased fuel costs in an expedited proceeding under G.S. 62-134(e) where there is no provision for inquiry into the reasonableness of the increased fuel costs rather than in a general rate case *490 wherein inquiries into…”
State ex rel. Utils. Comm'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978). “We have recently held, however, that, in addition to other methods, the Commission may by an affirmative order under G.S. 62-134(a) allow requested rate changes to go into effect, either conditionally or unconditionally, for good cause shown.”
Show all 38 citing cases →
— N.C. Gen. Stat. § 62-134(a) — 6 cases
State Ex Rel. Utils. Comm'n v. Edmisten, 230 S.E.2d 651 (N.C. 1976). “Further, nothing in the statute indicates a legislative intent that once the Commission exercises its discretionary power and suspends rates, it thereby necessarily exhausts its authority in that regard so as thereafter to be precluded from withdrawing or modifying the…”
S. Motor Carriers Rate Conf., Inc. v. United States, 471 U.S. 48 (1985). “[2] N. C. Gen. Stat. § 62-134(a) (1982); Ga. Code Ann.”
State ex rel. Utils. Comm'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978). “We have recently held, however, that, in addition to other methods, the Commission may by an affirmative order under G.S. 62-134(a) allow requested rate changes to go into effect, either conditionally or unconditionally, for good cause shown.”
State Ex Rel. Utils. Comm'n v. Morgan, 192 S.E.2d 842 (N.C. Ct. App. 1972). “G.S. 62-134 is as follows: “Change of rates; notice; suspension and investigation.”
State Ex Rel. Utils. Com'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
— N.C. Gen. Stat. § 62-134(b) — 6 cases
S. Motor Carriers Rate Conf., Inc. v. United States, 471 U.S. 48 (1985). “[2] N. C. Gen. Stat. § 62-134(a) (1982); Ga. Code Ann.”
State Ex Rel. Utils. Comm'n v. Edmisten, 230 S.E.2d 651 (N.C. 1976). “Further, nothing in the statute indicates a legislative intent that once the Commission exercises its discretionary power and suspends rates, it thereby necessarily exhausts its authority in that regard so as thereafter to be precluded from withdrawing or modifying the…”
State Ex Rel. Utils. Comm'n v. Edmisten, 217 S.E.2d 201 (N.C. Ct. App. 1975).
State Ex Rel. Com'r of Ins. v. NC FIRE INS., 234 S.E.2d 720 (N.C. 1977).
Sen. Cit. Clubs of Winston-salem, Etc. v. Duke Power Co., 425 F. Supp. 411 (W.D.N.C. 1976).
— N.C. Gen. Stat. § 62-134(c) — 4 cases
State Ex Rel. Utils. Comm'n v. Gen. Tel. Co. of the Se., 189 S.E.2d 705 (N.C. 1972). “The city contends the full amount of the excess, as shown in the testimony of Mr.”
State ex rel. Utils. Comm'n & Carolina Trace Corp. v. Pub. Staff-North Carolina Utils. Comm'n, 424 S.E.2d 133 (N.C. 1993).
State ex rel. N.C. Utils. Comm'n v. Carolina Indus. Grp. for Fair Util. Rates III (N.C. 2026).
State ex rel. N.C. Utils. Comm'n v. Carolina Indus. Grp. for Fair Util. Rates II (N.C. 2026).
— N.C. Gen. Stat. § 62-134(e) — 14 cases
State Ex Rel. Utils. Comm'n v. Edmisten, 232 S.E.2d 184 (N.C. 1977). “62-134(e) provides: “All monthly fuel adjustment rate increases based solely upon the increased cost of fuel, as to each public utility, as presently approved by the Commission shall fully terminate effective September 1, 1975 * * * .”
State Ex Rel. Utils. Comm'n v. Pub. Staff-North Carolina Utils. Comm'n, 529 PA 82 (N.C. 1983). “Paragraph (B) provided that for this type of transaction only the selling utility’s specifically identifiable fuel costs (the fuel component only) could be considered in adjusting the purchasing utility’s rates pursuant to G.S. § 62-134(e). All other costs in this Paragraph (B)…”
State ex rel. Utils. Comm'n v. Virginia Elec. & Power Co., 269 S.E.2d 657 (N.C. Ct. App. 1980). “In its 31 July 1979 order entered in combined Dockets E-22, Sub 236 (the investigatory proceeding initiated by the Commission) and Dockets E-22, Sub 239 through 244, inclusive (the proceedings brought by Vepco under G.S. 62-134(e) to adjust its rates and charges solely upon the…”
State ex rel. Utils. Comm'n v. Carolina Power & Light Co., 358 S.E.2d 35 (N.C. 1987). “*5 In 1975, the General Assembly enacted former N.C.G.S. § 62-134(e) (repealed 17 June 1982) which provided that rates could be adjusted on the basis of changes in fuel costs only with approval of the Commission after a public hearing.”
State Ex Rel. Utils. Comm'n v. North Carolina Textile Mfrs. Ass'n, 296 S.E.2d 487 (N.C. Ct. App. 1982). “8110UC392, that to allow an increase in rates based on increased fuel costs in an expedited proceeding under G.S. 62-134(e) where there is no provision for inquiry into the reasonableness of the increased fuel costs rather than in a general rate case *490 wherein inquiries into…”
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