(a) Any party to a proceeding before the Commission may appeal from any final order or decision of the Commission within 30 days after the entry of the final order or decision, or within an additional time fixed by the Commission, not to exceed 30 additional days, and by order made within 30 days, if the party aggrieved by the decision or order files with the Commission a notice of appeal that sets forth specifically the ground or grounds on which the aggrieved party considers the decision or order to be unlawful, unjust, unreasonable, or unwarranted and that includes the errors alleged to have been committed by the Commission.
All other parties may give a notice of cross-appeal that sets forth specifically the grounds on which the party considers the decision or order to be unlawful, unjust, unreasonable, or unwarranted and that includes the errors alleged to have been committed by the Commission. The notice of cross-appeal shall be filed with the Commission within 20 days after the first notice of appeal has been filed, or within an additional time fixed by the Commission, not to exceed 20 additional days by order made within 20 days of the first filed notice of appeal.
(b) Any party may appeal from all or any portion of any final order or decision of the Commission in the manner provided in this section. Copy of the notice of appeal shall be mailed by the appealing party, at the time of filing with the Commission, to each party to the proceeding to the addresses as they appear in the files of the Commission in the proceeding. The failure of any party, other than the Commission, to be served with or to receive a copy of the notice of appeal does not affect the validity or regularity of the appeal.
(c) The Commission may on motion of any party to the proceeding or on its own motion set the objections to the final order upon which the appeal is based for further hearing before the Commission.
(d) The appeal lies to the appellate division of the General Court of Justice as provided in G.S. 7A-29. The procedure for the appeal is provided by the rules of appellate procedure.
(e), (f) Repealed by Session Laws 1975, c. 391, s. 12.
(g) Repealed by Session Laws 1983, c. 526, s. 5. (1949, c. 989, s. 1; 1955, c. 1207, s. 1; 1959, c. 639, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 1; 1975, c. 391, s. 12; 1983, c. 526, ss. 4, 5; c. 572; 2023-54, s. 9.)
Notes of Decisions
State Ex Rel. Utils. Com'n v. MCI Telecomm. Corp., 514 S.E.2d 276 (N.C. Ct. App. 1999).
· cites it 8× “Cross-Appellant, however, is entitled to the benefit of section 62-90, which provides that a party, after another party has appealed, has twenty days after the first notice of appeal was filed to file a cross appeal.”
State ex rel. Utils. Comm'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
· cites it 4× “*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. Carolina Water Serv., Inc., 439 S.E.2d 127 (N.C. 1994).
· cites it 6× “N.C.G.S. § 62-90(a) (1989). While the Commission can choose to rescind, alter, or amend a final decision on its own accord, it is not required to rehear an issue brought by a party after the order has been final for thirty days.”
In re Application of Duke Energy Corp. & Progress Energy, Inc., 755 S.E.2d 382 (N.C. Ct. App. 2014).
· cites it 6× “” Upon review, we agree with the Commission’s analysis; yet, we do not reach the merits of Orangeburg’s challenges to the Regulatory Conditions on appeal because we hold Orangeburg lacks standing to appeal the merger order.”
State ex rel. Utils. Comm'n v. Buck Island, Inc., 592 S.E.2d 244 (N.C. Ct. App. 2004).
· cites it 4× “2d 95 (1992); N.C. Gen. Stat. § 62-90 (a) (2003). Although the phrase “aggrieved party” has no technical meaning and “depends on the circumstances involved,” In re Assessment of Sales Tax, 259 N.”
State Ex Rel. Utils. Com'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
· cites it 4× “62-90(c), since their scope is limited by statute to the exceptions on which the particular appeal of a final order or decision is based, leaving the Commission without authority to declare the hearings a general rate case or complaint proceeding. The Commission may consider…”
State Ex Rel. Utils. Comm'n v. Carolina Util. Customers Ass'n, 408 S.E.2d 876 (N.C. Ct. App. 1991).
· cites it 2× “N.C. Gen. Stat. § 62-90 provides in pertinent part: (a) Any party to a proceeding before the Commission may appeal from any final order or decision of the Commission within 30 days after the entry of such final order or decision, .”
— N.C. Gen. Stat. § 62-90(a) — 9 cases
State Ex Rel. Utils. Com'n v. MCI Telecomm. Corp., 514 S.E.2d 276 (N.C. Ct. App. 1999).
“Cross-Appellant, however, is entitled to the benefit of section 62-90, which provides that a party, after another party has appealed, has twenty days after the first notice of appeal was filed to file a cross appeal.”
State Ex Rel. Utils. Comm'n v. Carolina Water Serv., Inc., 439 S.E.2d 127 (N.C. 1994).
“N.C.G.S. § 62-90(a) (1989). While the Commission can choose to rescind, alter, or amend a final decision on its own accord, it is not required to rehear an issue brought by a party after the order has been final for 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. Com'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
“62-90(c), since their scope is limited by statute to the exceptions on which the particular appeal of a final order or decision is based, leaving the Commission without authority to declare the hearings a general rate case or complaint proceeding. The Commission may consider…”
— N.C. Gen. Stat. § 62-90(c) — 4 cases
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. Com'n v. Edmisten, 242 S.E.2d 862 (N.C. 1978).
“62-90(c), since their scope is limited by statute to the exceptions on which the particular appeal of a final order or decision is based, leaving the Commission without authority to declare the hearings a general rate case or complaint proceeding. The Commission may consider…”
— N.C. Gen. Stat. § 62-90(d) — 1 case
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