NC General Statutes

N.C. Gen. Stat. § 62-138 (2026)

Utilities to file rates, service regulations and service contracts with Commission; publication; certain telephone service prohibited

✓ current as of July 2026

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(a) Under such rules as the Commission may prescribe, every public utility, except as permitted under G.S. 62-134(h) and (j):

(1) Shall file with the Commission all schedules of rates, service regulations and forms of service contracts, used or to be used within the jurisdiction of the Commission; and

(2) Shall keep copies of such schedules, service regulations and contracts open to public inspection. Except, if there is a sufficient likelihood that a public utility defined in G.S. 62-3(23)a.6. may suffer a competitive disadvantage if the rates for a specific competitive service are disclosed, the Commission may waive the public disclosure of the rates. The Commission may revoke the disclosure waiver upon a showing that the competitive disadvantage no longer exists.

(b) Every common carrier of passengers shall file with the Commission, print, and keep open for public inspection schedules showing all rates for the transportation of passengers in intrastate commerce and all services in connection therewith between points on its own routes and between points on its own routes and points on the routes of other such common carriers, and if it establishes joint rates with other common carriers, it shall include in its schedules so filed such joint rates.

(c) Every irregular route common carrier of household goods shall file with the Commission, print, and keep open for public inspection schedules showing all rates for the transportation of household goods in intrastate commerce between points within the area of its authorized operation, and if it establishes joint rates with other common carriers, it shall include in its schedules so filed such joint rates between points within the area of its own authorized operation and points on the line or route of such other common carriers.

(c1) Any person who, though exempt from Commission regulation under Public Law 103-305, agrees to joint line rates or routes as authorized by Public Law 103-305 may file with the Commission, print, and keep open for public inspection schedules showing all such joint rates for the transportation of property in intrastate commerce, and all connected services, between all points the person serves.

(d) The schedules required by this section shall be published, filed, and posted in such form and manner and shall contain such information as the Commission may prescribe; and the Commission is authorized to reject any schedule filed with it which is not in compliance with this section. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.

(e) No public utility, unless otherwise provided by this Chapter, shall engage in service to the public unless its rates for such service have been filed and published in accordance with the provisions of this section.

(f) Under such rules as the Commission may prescribe, every electric membership corporation operating within this State shall file with the Commission, for information purposes, all rates, schedules of rates, charges, service regulations, and forms of service contracts, used or to be used within the State, and shall keep copies of such schedules, rates, charges, service regulations, and contracts open to public inspection.

(g) No public utility may offer or maintain telephone service to any subscriber to such service who has in use or proposes to place in use equipment which will enable said subscriber to observe or monitor telephone calls directed to or placed by said subscriber unless said subscriber shall agree that such equipment shall be used in conformity with the standards for the use of such equipment adopted by the Commission. (1899, c. 164, s. 7; Rev., s. 1109; 1907, c. 217, s. 5; C.S., s. 1074; 1933, c. 134, s. 8; c. 307, s. 4; 1941, c. 97; 1947, c. 1008, s. 25; 1949, c. 1132, s. 23; 1959, c. 209; 1963, c. 1165, s. 1; 1965, c. 287, s. 7; 1977, c. 799; 1989, c. 112, s. 5; 1995, c. 523, s. 6.)

Notes of Decisions

Cited in 5 cases, 1959–2006 · leading case: State ex rel. Utils. Comm'n v. Mountain Elec. Coop., Inc., 423 S.E.2d 516 (N.C. Ct. App. 1992).

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State ex rel. Utils. Comm'n v. Mountain Elec. Coop., Inc., 423 S.E.2d 516 (N.C. Ct. App. 1992). · cites it 3× “1991); rate filings, N.C.G.S. § 62-138 (1989); and the prohibition against granting unreasonable preferences in services or rates, N.”

State Ex Rel. Utils. Comm'n v. Gen. Tel. Co. of the Se., 189 S.E.2d 705 (N.C. 1972). “” As above noted, the excess of “fair value” over the actual total capital of the company (debt capital, plus capital stock, plus actual surplus) is to be added to the equity component of the capital structure for the purpose of fixing rates under G.S. 62-138. The choice of the…”

State Ex Rel. North Carolina Utils. Comm'n v. Norfolk S. Ry. Co., 106 S.E.2d 681 (N.C. 1959). “60-110, G.S. 62-138, and G.S. 62-139. Tilley v. R.”

State ex rel. Utils. Comm'n v. Carolina Forest Utils., Inc., 203 S.E.2d 410 (N.C. Ct. App. 1974). “62-133; G.S. 62-138 (a) (1); and G.S. 62-140. We adopt the reasoning of the Mohawk case and hold that under the facts of this case, the North Carolina Utilities Commission does have the jurisdiction and authority to allow the use of an availability charge, in a rate schedule,…”

Time Warner Ent.-Advance/Newhouse P'ship v. Carteret-Craven Elec. Membership Corp., 451 F. Supp. 2d 736 (E.D.N.C. 2006). “These electric membership corporations are subject to regulation by the Commission in regard to rate filing and certain other matters that the General Assembly conferred upon the Commission in Chapter 62.”

— N.C. Gen. Stat. § 62-138(f) — 1 case

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