NC General Statutes

N.C. Gen. Stat. § 62-80 (2026)

Powers of Commission to rescind, alter or amend prior order or decision

✓ current as of July 2026
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The Commission may at any time upon notice to the public utility and to the other parties of record affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it. Any order rescinding, altering or amending a prior order or decision shall, when served upon the public utility affected, have the same effect as is herein provided for original orders or decisions. (1949, c. 989, s. 1; 1963, c. 1165, s. 1.)

 

Notes of Decisions
Cited in 14 cases, 1970–2004 · leading case: State Ex Rel. Utils. Com'n v. MCI Telecomm. Corp., 514 S.E.2d 276 (N.C. Ct. App. 1999).
State Ex Rel. Utils. Com'n v. MCI Telecomm. Corp., 514 S.E.2d 276 (N.C. Ct. App. 1999). · cites it 7× “2d 177 , 181 (1977); N.C.G.S. § 62-80 (1989). At this rehearing, the Commission may rescind, alter, amend, or refuse to make any change to its earlier order.”
State Ex Rel. Utils. Comm'n v. Carolina Water Serv., Inc., 439 S.E.2d 127 (N.C. 1994). · cites it 3× “N.C.G.S. § 62-80 (1989). We hold that CWS should have followed the correct channels of appeal at the time of the initial decision and appealed the final decision of the full Commission to the Supreme Court within thirty days.”
State ex rel. Utils. Comm'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978). “*609 The Commission may consider only the grounds upon which the applicant asserts that the Commission’s order or decision is unlawful, unjust, unreasonable or unwarranted, including alleged errors committed by the Commission.”
State Ex Rel. Utils. Comm'n v. Empire Power Co., 435 S.E.2d 553 (N.C. Ct. App. 1993). · cites it 2× “We also note that, although petitioner initially opposed CP&L’s motion to dismiss on the basis *279 that section 62-80 did not authorize it, it later filed a motion for summary judgment, arguably abandoning its position concerning the authority of the Commission.”
State ex rel. Utils. Comm'n v. Buck Island, Inc., 592 S.E.2d 244 (N.C. Ct. App. 2004). · cites it 2× “” N.C. Gen. Stat. § 62-80 (2003). Thus, the Commission can take action if Buck Island or Monteray Shores fail to comply with any of the Commission’s orders.”
State ex rel. Utils. Comm'n v. Edmisten, 232 S.E.2d 177 (N.C. 1977). · cites it 6× “G.S. 62-80 provides: “The Commission may at any time upon notice to the public utility and to the other parties of record affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it.”
State Ex Rel. Utils. Comm'n v. North Carolina Gas Serv., 494 S.E.2d 621 (N.C. Ct. App. 1998). · cites it 2× “N.C. Gen. Stat. § 62-80 (1989) provides that, upon notice, the Commission may “rescind, alter, or amend any order or decision made by it” after giving the public utilities an opportunity to be heard.”
State Ex Rel. Utils. Com'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978). “The Commission may consider only the grounds upon which the appellant asserts that the Commission's order or decision is unlawful, unjust, unreasonable or unwarranted, including alleged errors committed by the Commission.”
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, 542 S.E.2d 247 (N.C. Ct. App. 2001). “Further, G.S. 62-80 provides that the Commission may reconsider any prior order.”
State Ex Rel. Utils. Com'n v. Edmisten, 232 S.E.2d 177 (N.C. 1977). · cites it 6× “G.S. 62-80 provides: "The Commission may at any time upon notice to the public utility and to the other parties of record affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it.”
State ex rel. Utils. Comm'n v. Servs. Unlimited, Inc., 176 S.E.2d 870 (N.C. Ct. App. 1970). “” G.S. 62-80 provides that the Commission may at any time, upon proper notice to parties and after opportunity for hearing, rescind, alter or amend any order or decision made by it.”
State ex rel. Utils. Comm'n v. Nantahala Power & Light Co., 375 S.E.2d 515 (N.C. Ct. App. 1989). “5 [now G.S. 62-80] that, ‘The Commission may at any time upon notice to the public utility affected, and after opportunity to be heard as provided in the case of complaints, rescind, alter or amend any order or decision made by it.”
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