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NC General Statutes

N.C. Gen. Stat. § 62-139 (2026)

Rates varying from schedule prohibited; refunding overcharge; penalty

✓ current as of July 2026
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(a) No public utility shall directly or indirectly, by any device whatsoever, charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered by such public utility than that prescribed by the Commission, nor shall any person receive or accept any service from a public utility for a compensation greater or less than that prescribed by the Commission.

(b) Any public utility in the State which shall willfully charge a rate for any public utility service in excess of that prescribed by the Commission, and which shall omit to refund the same within 30 days after written notice and demand of the person overcharged, unless relieved by the Commission for good cause shown, shall be liable to him for double the amount of such overcharge, plus a penalty of ten dollars ($10.00) per day for each day's delay after 30 days from such notice or date of denial or relief by the Commission, whichever is later.  Such overcharge and penalty shall be recoverable in any court of competent jurisdiction. (1903, c. 590, ss. 1, 2; Rev., ss. 2642, 2643, 2644; Ex. Sess. 1913, c. 20, ss. 5, 12; C.S., ss. 1082, 1086, 3514; 1933, c. 134, s. 8; c. 307, s. 5; 1941, c. 97; 1963, c. 1165, s. 1; 1989, c. 112, s. 6.)

 

Notes of Decisions
Cited in 4 cases, 1959–2008 · leading case: Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008).
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Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008). · cites it 10× “G.S. 62-139, Plaintiffs are entitled to receive double the electric overcharges, plus ten dollars ($10.”
State Ex Rel. North Carolina Utils. Comm'n v. Norfolk S. Ry. Co., 106 S.E.2d 681 (N.C. 1959). “62-138, and G.S. 62-139. Tilley v. R. R., 172 N.C. 363 , 90 S.”
Eaton Corp. v. Pub. Serv. Co. of North Carolina, 392 S.E.2d 404 (N.C. Ct. App. 1990). · cites it 3× “The Commission has the power to determine questions of fact arising under G.S. 62-139 and G.S. 62-140. Whether claimant was eligible for Schedule 60/20 is a question of fact for the Commission.”
Blue Ridge Textile Printers, Inc. v. Pub. Serv. Co. of North Carolina, Inc., 392 S.E.2d 401 (N.C. Ct. App. 1990). · cites it 2× “62-140 which prohibits unreasonable discrimination by public utilities, or under G.S. 62-139 which prohibits a utility from receiving more compensation for services than the amount prescribed by the Commission.”
— N.C. Gen. Stat. § 62-139(b) — 1 case
Shepard v. Bonita Vista Props., LP, 664 S.E.2d 388 (N.C. Ct. App. 2008). “G.S. 62-139, Plaintiffs are entitled to receive double the electric overcharges, plus ten dollars ($10.”
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