NC General Statutes
N.C. Gen. Stat. § 62-96 (2026)
Appeal to Supreme Court
✓ current as of July 2026
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Appeals of final orders of the Utilities Commission to the Supreme Court are governed by Article 5 of General Statutes Chapter 7A. In all appeals filed in the Court of Appeals, any party may file a motion for discretionary review in the Supreme Court pursuant to G.S. 7A-31. If the Commission is the appealing party, it is not required to give any undertaking or make any deposit to assure payment of the cost of the appeal, and the court may advance the cause on its docket. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 3; 1983, c. 526, s. 9.)
Notes of Decisions
Cited in 5
cases, 1957–1982 · leading case: State Ex Rel. Utils. Comm'n v. Duke Power Co., 287 S.E.2d 786 (N.C. 1982).
State Ex Rel. Utils. Comm'n v. Duke Power Co., 287 S.E.2d 786 (N.C. 1982). “See also G.S. § 62-96. Duke's appeal to the Court of Appeals was pursuant to G.”
State Ex Rel. Utils. Comm'n v. Haywood Elec. Membership Corp., 131 S.E.2d 865 (N.C. 1963). “G.S. 62-96. We are not certain whether the Commission meant Nantahala had concluded the cost of acquiring and constructing the additional necessary facilities “would be greater than economically feasible,” or whether that was the conclusion reached by the Commission from the…”
State Ex Rel. North Carolina Utils. Comm'n v. Casey, 96 S.E.2d 8 (N.C. 1957). “G.S. 62-96 provides: “Upon finding that public convenience and necessity are no longer served, or that there is no reasonable probability of a utility realizing sufficient revenue from the service to meet its expenses, the Commission shall have power, after petition, notice and…”
State Ex Rel. North Carolina Utils. Comm'n v. Old Fort Finishing Plant, 142 S.E.2d 8 (N.C. 1965). “in like manner as if filed originally in said court in apt time, subject to the right of any party to appeal from the judgment of the Superior Court to the Supreme Court as provided in G.S. 62-96. Appeal dismissed, with right to file in Wake Superior Court.”
State Ex Rel. Utils. Comm'n v. S. Ry. Co., 118 S.E.2d 21 (N.C. 1961). “32, now codified as G.S. 62-96, provides: “Upon finding that public convenience and necessity are no longer served, or that there is no reasonable probability of a utility realizing sufficient revenue from the service to meet its expenses, the Commission shall have power, after…”
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