State Codes and Statutes

Statutes > North-carolina > Chapter_117 > GS_117-3_1

§ 117‑3.1.  Regulatoryfee.

(a)        Fee imposed. – Itis the policy of the State of North Carolina to provide fair regulation ofelectric and telephone membership corporations in the interest of the public.The cost of regulating electric and telephone membership corporations is aburden incident to the privilege of operating as an electric or telephonemembership corporation. Therefore, for the purpose of defraying the cost ofregulating electric and telephone membership corporations, every electric andtelephone membership corporation subject to the jurisdiction of the Authorityshall pay a quarterly regulatory fee, in addition to all other fees and taxes,as provided in this section. The fees collected shall be used only to pay theexpenses of the Authority in regulating electric and telephone membershipcorporations in the interest of the public.

(b)        Rate. – For eachfiscal year, the regulatory fee shall be the greater of the following:

(1)        The rate establishedby the General Assembly for that year for each electric membershipcorporation's North Carolina meter connected for service and each telephonemembership corporation's North Carolina access line connected for service foreach quarter of the year.

(2)        Four cents (4¢) foreach electric membership corporation's North Carolina meter connected forservice and for each telephone membership corporation's North Carolina accessline connected for service for each quarter of the year.

When the Authority preparesits budget request for the upcoming fiscal year, the Authority shall propose arate for the regulatory fee. For fiscal years beginning in an odd‑numberedyear, that proposed rate shall be included in the budget message the Governorsubmits to the General Assembly pursuant to G.S. 143C‑3‑5. Forfiscal years beginning in an even‑numbered year, that proposed rate shallbe included in a special budget message the Governor shall submit to theGeneral Assembly. If the General Assembly decides to set the regulatory fee ata rate higher than the rate in subdivision (2) of this subsection, it shall setthe regulatory fee by law.

The regulatory fee may notexceed the amount necessary to generate funds sufficient to defray theestimated cost of the operations of the Authority for the upcoming fiscal year,including a reasonable margin for a reserve fund. The amount of the reserve maynot exceed the estimated cost of operating the Authority for the upcomingfiscal year. In calculating the amount of the reserve, the General Assemblyshall consider all relevant factors that may affect the cost of operating theAuthority or a possible unanticipated increase or decrease in North Carolinaelectric meters and North Carolina telephone access lines.

(c)        When Due. – Theregulatory fee imposed under this section is due and payable to the Authorityon or before the 15th day of the second month following the end of eachquarter. Every electric and telephone membership corporation subject to theregulatory fee shall, on or before the date the fee is due for each quarter,prepare and render a report on a form prescribed by the Authority. The reportshall state the electric or telephone membership corporation's total NorthCarolina electric meters or North Carolina telephone access lines connected forservice for the preceding quarter and shall be accompanied by any supportingdocumentation that the Authority may by rule require.

(d)        Use of Proceeds. – Aspecial fund in the office of the State Treasurer, the North Carolina RuralElectrification Authority Fund (NCREA Fund), is created. The fees collectedpursuant to this section and all other funds received by the Authority shall bedeposited in the NCREA Fund. The NCREA Fund shall be placed in an interestbearing account and any interest or other income derived from the NCREA Fundshall be credited to the NCREA Fund. Moneys in the NCREA Fund shall only bespent pursuant to an appropriation by the General Assembly.

The NCREA Fund shall besubject to the provisions of the State Budget Act except that no unexpendedsurplus of the NCREA Fund shall revert to the General Fund. All funds creditedto the NCREA Fund shall be used only to pay the expenses of the Authority inregulating electric and telephone membership corporations in the interest ofthe public as provided by this Chapter.(1991, c. 473, s. 1; 1991 (Reg. Sess., 1992), c. 803,s. 1; 2006‑203, s. 58.)

State Codes and Statutes

Statutes > North-carolina > Chapter_117 > GS_117-3_1

§ 117‑3.1.  Regulatoryfee.

(a)        Fee imposed. – Itis the policy of the State of North Carolina to provide fair regulation ofelectric and telephone membership corporations in the interest of the public.The cost of regulating electric and telephone membership corporations is aburden incident to the privilege of operating as an electric or telephonemembership corporation. Therefore, for the purpose of defraying the cost ofregulating electric and telephone membership corporations, every electric andtelephone membership corporation subject to the jurisdiction of the Authorityshall pay a quarterly regulatory fee, in addition to all other fees and taxes,as provided in this section. The fees collected shall be used only to pay theexpenses of the Authority in regulating electric and telephone membershipcorporations in the interest of the public.

(b)        Rate. – For eachfiscal year, the regulatory fee shall be the greater of the following:

(1)        The rate establishedby the General Assembly for that year for each electric membershipcorporation's North Carolina meter connected for service and each telephonemembership corporation's North Carolina access line connected for service foreach quarter of the year.

(2)        Four cents (4¢) foreach electric membership corporation's North Carolina meter connected forservice and for each telephone membership corporation's North Carolina accessline connected for service for each quarter of the year.

When the Authority preparesits budget request for the upcoming fiscal year, the Authority shall propose arate for the regulatory fee. For fiscal years beginning in an odd‑numberedyear, that proposed rate shall be included in the budget message the Governorsubmits to the General Assembly pursuant to G.S. 143C‑3‑5. Forfiscal years beginning in an even‑numbered year, that proposed rate shallbe included in a special budget message the Governor shall submit to theGeneral Assembly. If the General Assembly decides to set the regulatory fee ata rate higher than the rate in subdivision (2) of this subsection, it shall setthe regulatory fee by law.

The regulatory fee may notexceed the amount necessary to generate funds sufficient to defray theestimated cost of the operations of the Authority for the upcoming fiscal year,including a reasonable margin for a reserve fund. The amount of the reserve maynot exceed the estimated cost of operating the Authority for the upcomingfiscal year. In calculating the amount of the reserve, the General Assemblyshall consider all relevant factors that may affect the cost of operating theAuthority or a possible unanticipated increase or decrease in North Carolinaelectric meters and North Carolina telephone access lines.

(c)        When Due. – Theregulatory fee imposed under this section is due and payable to the Authorityon or before the 15th day of the second month following the end of eachquarter. Every electric and telephone membership corporation subject to theregulatory fee shall, on or before the date the fee is due for each quarter,prepare and render a report on a form prescribed by the Authority. The reportshall state the electric or telephone membership corporation's total NorthCarolina electric meters or North Carolina telephone access lines connected forservice for the preceding quarter and shall be accompanied by any supportingdocumentation that the Authority may by rule require.

(d)        Use of Proceeds. – Aspecial fund in the office of the State Treasurer, the North Carolina RuralElectrification Authority Fund (NCREA Fund), is created. The fees collectedpursuant to this section and all other funds received by the Authority shall bedeposited in the NCREA Fund. The NCREA Fund shall be placed in an interestbearing account and any interest or other income derived from the NCREA Fundshall be credited to the NCREA Fund. Moneys in the NCREA Fund shall only bespent pursuant to an appropriation by the General Assembly.

The NCREA Fund shall besubject to the provisions of the State Budget Act except that no unexpendedsurplus of the NCREA Fund shall revert to the General Fund. All funds creditedto the NCREA Fund shall be used only to pay the expenses of the Authority inregulating electric and telephone membership corporations in the interest ofthe public as provided by this Chapter.(1991, c. 473, s. 1; 1991 (Reg. Sess., 1992), c. 803,s. 1; 2006‑203, s. 58.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_117 > GS_117-3_1

§ 117‑3.1.  Regulatoryfee.

(a)        Fee imposed. – Itis the policy of the State of North Carolina to provide fair regulation ofelectric and telephone membership corporations in the interest of the public.The cost of regulating electric and telephone membership corporations is aburden incident to the privilege of operating as an electric or telephonemembership corporation. Therefore, for the purpose of defraying the cost ofregulating electric and telephone membership corporations, every electric andtelephone membership corporation subject to the jurisdiction of the Authorityshall pay a quarterly regulatory fee, in addition to all other fees and taxes,as provided in this section. The fees collected shall be used only to pay theexpenses of the Authority in regulating electric and telephone membershipcorporations in the interest of the public.

(b)        Rate. – For eachfiscal year, the regulatory fee shall be the greater of the following:

(1)        The rate establishedby the General Assembly for that year for each electric membershipcorporation's North Carolina meter connected for service and each telephonemembership corporation's North Carolina access line connected for service foreach quarter of the year.

(2)        Four cents (4¢) foreach electric membership corporation's North Carolina meter connected forservice and for each telephone membership corporation's North Carolina accessline connected for service for each quarter of the year.

When the Authority preparesits budget request for the upcoming fiscal year, the Authority shall propose arate for the regulatory fee. For fiscal years beginning in an odd‑numberedyear, that proposed rate shall be included in the budget message the Governorsubmits to the General Assembly pursuant to G.S. 143C‑3‑5. Forfiscal years beginning in an even‑numbered year, that proposed rate shallbe included in a special budget message the Governor shall submit to theGeneral Assembly. If the General Assembly decides to set the regulatory fee ata rate higher than the rate in subdivision (2) of this subsection, it shall setthe regulatory fee by law.

The regulatory fee may notexceed the amount necessary to generate funds sufficient to defray theestimated cost of the operations of the Authority for the upcoming fiscal year,including a reasonable margin for a reserve fund. The amount of the reserve maynot exceed the estimated cost of operating the Authority for the upcomingfiscal year. In calculating the amount of the reserve, the General Assemblyshall consider all relevant factors that may affect the cost of operating theAuthority or a possible unanticipated increase or decrease in North Carolinaelectric meters and North Carolina telephone access lines.

(c)        When Due. – Theregulatory fee imposed under this section is due and payable to the Authorityon or before the 15th day of the second month following the end of eachquarter. Every electric and telephone membership corporation subject to theregulatory fee shall, on or before the date the fee is due for each quarter,prepare and render a report on a form prescribed by the Authority. The reportshall state the electric or telephone membership corporation's total NorthCarolina electric meters or North Carolina telephone access lines connected forservice for the preceding quarter and shall be accompanied by any supportingdocumentation that the Authority may by rule require.

(d)        Use of Proceeds. – Aspecial fund in the office of the State Treasurer, the North Carolina RuralElectrification Authority Fund (NCREA Fund), is created. The fees collectedpursuant to this section and all other funds received by the Authority shall bedeposited in the NCREA Fund. The NCREA Fund shall be placed in an interestbearing account and any interest or other income derived from the NCREA Fundshall be credited to the NCREA Fund. Moneys in the NCREA Fund shall only bespent pursuant to an appropriation by the General Assembly.

The NCREA Fund shall besubject to the provisions of the State Budget Act except that no unexpendedsurplus of the NCREA Fund shall revert to the General Fund. All funds creditedto the NCREA Fund shall be used only to pay the expenses of the Authority inregulating electric and telephone membership corporations in the interest ofthe public as provided by this Chapter.(1991, c. 473, s. 1; 1991 (Reg. Sess., 1992), c. 803,s. 1; 2006‑203, s. 58.)