GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 848

Short Title:  Municipal Electric Amendments.	(Public)

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Sponsors: Senators Dalton; Albertson, Allran, Ballance, Forrester, Gulley, Hartsell, Horton, Hoyle, Jenkins, Jordan, Lucas, Miller, Phillips, Rand, Reeves, Weinstein, and Wellons.

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Referred to:  Commerce.

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April 15, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT A SECONDARY SUPPLIER OF ELECTRIC SERVICE MAY FURNISH SERVICE WITHIN THE CORPORATE LIMITS OF A CITY WITH WRITTEN CONSENT FROM THE CITY, AND TO MAKE TECHNICAL CHANGES TO THE LAW REGARDING MUNICIPAL ELECTRIC SERVICE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 160A-332(a) reads as rewritten:
"(a)	The suppliers of electric service inside the corporate limits of any city in which a secondary supplier was furnishing electric service on the determination date (as defined in G.S. 160A-331(1)) shall have rights and be subject to restrictions as follows:
(1)	The secondary supplier shall have the right to serve all premises being served by it, or to which any of its facilities are attached, on the determination date.
(2) 	The secondary supplier shall have the right, subject to subdivision (3) of this section, to serve all premises initially requiring electric service after the determination date which are located wholly within 300 feet of its lines and located wholly more than 300 feet from the lines of the primary supplier, as such suppliers' lines existed on the determination date.
(3) 	Any premises initially requiring electric service after the determination date which are located wholly within 300 feet of a secondary supplier's lines and wholly within 300 feet of another secondary supplier's lines, but wholly more than 300 feet from the primary supplier's lines, as the lines of all suppliers existed on the determination date, may be served by the secondary supplier which the consumer chooses, and no other supplier shall thereafter furnish electric service to such premises, except with the written consent of the supplier then serving the premises.
(4) 	A primary supplier shall not furnish electric service to any  premises which a secondary supplier has the right to serve as set forth in subdivisions (1), (2), and (3) of this section, except with the written consent of the secondary supplier.
(5)	Any premises initially requiring electric service after the determination date which are located wholly or partially within 300 feet of the primary supplier's lines and are located wholly or partially within 300 feet of the secondary supplier's lines, as such suppliers' lines existed on the determination date, may be served by either the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except with the written consent of the supplier then serving the premises.
(6) 	Any premises initially requiring electric service after the determination date, which are located only partially within 300 feet of the secondary supplier's lines and are located wholly more than 300 feet from the primary supplier's lines, as such supplier's lines existed on the determination date, may be served either by the secondary supplier or the primary supplier, whichever the consumer chooses, and no other supplier shall thereafter furnish service to such premises, except with the written consent of the supplier then serving the premises.
(7) 	Except as provided in subdivisions (1), (2), (3), (5), and (6) of this section, a secondary supplier shall not furnish electric service within the corporate limits of any city unless it first obtains the written consent of the city."
Section 2.  G.S. 117-10.1 reads as rewritten:
"§ 117-10.1.  Municipal franchises.
An electric membership corporation shall be eligible to receive a franchise pursuant to 	G.S. 160A-319 from any city or town.
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Section 3.  G.S. 117-10.2 reads as rewritten:
"§ 117-10.2.  Restriction on municipal service.
No electric membership corporation shall furnish electric service to, or within the limits of, any incorporated city or town, except pursuant to a franchise that may be granted under the provisions of G.S. 160A-319, or as permitted under G.S. 160A-331, 160A-332, and 160A-333. "
Section 4.  This act is effective when it becomes law.