(a) In order to facilitate the construction of facilities in and the extension of natural gas service to unserved areas, the Commission may, after a hearing, order a natural gas local distribution company to create a special natural gas expansion fund to be used by that company to construct natural gas facilities in areas within the company's franchised territory that otherwise would not be feasible for the company to construct. The fund shall be supervised and administered by the Commission. Any applicable taxes shall be paid out of the fund.
(b) Sources of funding for a natural gas local distribution company's expansion fund may, pursuant to the order of the Commission, after hearing, include:
(1) Refunds to a local distribution company from the company's suppliers of natural gas and transportation services pursuant to refund orders or requirements of the Federal Energy Regulatory Commission;
(2) Expansion surcharges by the local distribution company charged to customers purchasing natural gas or transportation services throughout that company's franchised territory; provided, however, in determining the amount of any surcharge the Commission shall take into account the prices of alternative sources of energy and the need to remain competitive with those alternative sources, and the need to maintain just and reasonable rates for natural gas and transportation services for all customers served by the company; provided further that the expansion surcharge shall not be greater than fifteen cents (15¢) per dekatherm; and
(3) Other sources of funding approved by the Commission.
(c) The application of all such funds to expansion projects shall be pursuant to the order of the Commission. The Commission shall ensure that all projects to which expansion funds are applied are consistent with the intent of this section and G.S. 62-2(9). In determining economic feasibility, the Commission shall employ the net present value method of analysis on a project specific basis. Only those projects with a negative net present value shall be determined to be economically infeasible for the company to construct. In no event shall the Commission authorize a distribution from the fund of an amount greater than the negative net present value of any proposed project as determined by the Commission. If at any time a project is determined by the Commission to have become economically feasible, the Commission may require the company to remit to the expansion fund or to customers appropriate portions of the distributions from the fund related to the project, and the Commission may order such funds to be returned with interest in a reasonable amount to be determined by the Commission. Utility plant acquired with expansion funds shall be included in the local distribution company's rate base at zero cost except to the extent such funds have been remitted by the company pursuant to order of the Commission.
(d) The Commission, after hearing, may adopt rules to implement this section, including rules for the establishment of expansion funds, for the use of such funds, for the remittance to the expansion fund or to customers of supplier and transporter refunds and expansion surcharges or other funds that were sources of the expansion fund, and for appropriate accounting, reporting and ratemaking treatment. (1991, c. 598, s. 2; 2011-291, s. 2.15; 2014-120, s. 10(b).)
Notes of Decisions
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
· cites it 73× “In this case we decide, inter alia, the constitutionality of that portion of N.C.G.S. § 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to…”
State Ex Rel. Utils. Comm'n v. Piedmont Nat. Gas Co., 488 S.E.2d 591 (N.C. 1997).
· cites it 57× “The condition was based on the Commission’s conclusion that allowing the construction of a project using expansion fund financing when adequate service could be provided without resort to such nontraditional financing was inconsistent with the legislative intent expressed in…”
State ex rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, 446 S.E.2d 348 (N.C. 1994).
· cites it 22× “§ 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to use supplier refunds to such local distribution companies to fund the expansion fund.…”
State ex rel. Utils. Comm'n v. NUI Corp., 572 S.E.2d 176 (N.C. Ct. App. 2002).
· cites it 17× “N.C. Gen. Stat. § 62-158 (a) (2001). The statute also authorizes the Commission to adopt rules for the establishment of expansion funds.”
State Ex Rel. Utils. Comm'n v. North Carolina Gas Serv., 494 S.E.2d 621 (N.C. Ct. App. 1998).
· cites it 4× “Gas indicated that both of its projects would require the use of expansion funds pursuant to N.C. Gen. Stat. § 62-158 (Cum. Supp. 1996) to assist in financing construction.”
In re: The McClatchy Co. (N.C. Ct. App. 2022).
· cites it 8× ““In order to implement [ N.C. Gen. Stat. § 62-158 ], the Commission adopted Commission Rule R6-82,” which set out “limitations .”
— N.C. Gen. Stat. § 62-158(a) — 2 cases
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
“In this case we decide, inter alia, the constitutionality of that portion of N.C.G.S. § 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to…”
State Ex Rel. Utils. Comm'n v. Piedmont Nat. Gas Co., 488 S.E.2d 591 (N.C. 1997).
“The condition was based on the Commission’s conclusion that allowing the construction of a project using expansion fund financing when adequate service could be provided without resort to such nontraditional financing was inconsistent with the legislative intent expressed in…”
— N.C. Gen. Stat. § 62-158(b) — 1 case
State ex rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, 446 S.E.2d 348 (N.C. 1994).
“§ 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to use supplier refunds to such local distribution companies to fund the expansion fund.…”
— N.C. Gen. Stat. § 62-158(b)(l) — 1 case
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
“In this case we decide, inter alia, the constitutionality of that portion of N.C.G.S. § 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to…”
— N.C. Gen. Stat. § 62-158(c) — 2 cases
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
“In this case we decide, inter alia, the constitutionality of that portion of N.C.G.S. § 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to…”
State Ex Rel. Utils. Comm'n v. Piedmont Nat. Gas Co., 488 S.E.2d 591 (N.C. 1997).
“The condition was based on the Commission’s conclusion that allowing the construction of a project using expansion fund financing when adequate service could be provided without resort to such nontraditional financing was inconsistent with the legislative intent expressed in…”
— N.C. Gen. Stat. § 62-158(d) — 1 case
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, Inc., 446 S.E.2d 332 (N.C. 1994).
“In this case we decide, inter alia, the constitutionality of that portion of N.C.G.S. § 62-158 which authorizes the Utilities Commission to order a North Carolina natural gas local distribution company to create a natural gas expansion fund and which authorizes the Commission to…”
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