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North Carolina Certificate of Public Convenience and Necessity (8-NC-c)

A developer may need to obtain a Certificate of Public Convenience and Necessity (Certificate) from the North Carolina Utilities Commission (NCUC) before operating as a public utility or constructing a transmission line over 161 kilovolts. N.C. Gen. Stat. Ann. §62-101(a) (1991); N.C. Gen. Stat. Ann. §62-110(a) (1931). A public utility is defined, in part, as any person or corporation producing, generating, transmitting, delivering or furnishing electricity to the public. N.C. Gen. Stat. Ann. §62-3(23)(a)(1) (1991). The NCUC has the authority to regulate all public service utilities. N.C. Gen. Stat. Ann. §62-30 (1933).


Certificate of Public Convenience and Necessity Process

8-NC-c.1 to 8-NC-c.2 — Is a Certificate of Public Convenience and Necessity Required?

A developer must obtain a Certificate from the NCUC before operating as a public utility or constructing a transmission line over 161 kilovolts. N.C. Gen. Stat. Ann. §62-101(a) (1991). Additionally, a Certificate is not required for the replacement or expansion of an existing transmission line. N.C. Gen. Stat. Ann. §62-101(c) (1991).

8-NC-c.3 — Certificate of Public Convenience and Necessity Application

A developer must submit an Application for a Certificate of Public Convenience and Necessity (Application) to the NCUC. The Application must, at minimum, include:

  • A description of why the transmission line or facility is needed;
  • A description of the proposed location of the transmission line or facility; and
  • An environmental report describing the environmental impact of the project, any proposed mitigating measures and any alternative to the proposed project.

N.C. Gen. Stat. Ann. §62-102(a) (1991).

8-NC-c.4 — Publish Public Notice

The developer must publish notice of the Application in the local newspaper within 10 days of filing the Application. The notice must include:

  • A summary of the proposed project;
  • A description of the location of the project;
  • The date the Application was filed; and
  • The date by which an interested party must intervene.

N.C. Gen. Stat. Ann. §62-102(c) (1991).

8-NC-c.5 — Hold Public Hearing (If Applicable)

Any interested party may petition to intervene in the proceeding within 100 days of the Application filing date. N.C. Gen. Stat. Ann. §62-103(b) (1991). The Commission must schedule a hearing within 120 days after the Application filing date. N.C. Gen. Stat. Ann. §62-104(a) (1991). The NCUC may waive a hearing if there are no objections to the Application. N.C. Gen. Stat. Ann. §62-101(d) (1991) and N.C. Gen. Stat. Ann. §62-104(b) (1991)..

8-NC-c.6 to 8-NC-c.7 — Review Application Materials for Completeness

The NCUC must review the Application for technical and administrative completeness.

8-NC-c.8 to 8-NC-c.9 — Review Application Materials for Approval

The NCUC must review the Application for approval. The NCUC must make a decision within 60 days of the conclusion of the hearing. N.C. Gen. Stat. Ann. §62-104(c) (1991). The NCUC will grant the Certificate if it finds:

  • The proposed project is necessary to satisfy the needs of the public;
  • The project location is reasonable and in the public interest;
  • The cost of the project is reasonable;
  • The environmental impacts of the project are justified; and
  • The environmental compatibility, public convenience, and necessity require the transmission line.

N.C. Gen. Stat. Ann. §62-105(a) (1991).

8-NC-c.10 — Certificate of Public Convenience and Necessity

The developer must comply with any restrictions on or conditions of the Certificate. N.C. Gen. Stat. Ann. §62-101(b) (1991).

8-NC-c.11 — Appeal Decision (Optional)

Any aggrieved party may appeal a final agency decision to the judicial court with jurisdiction. N.C. Gen. Stat. Ann. §150B-43 (1973).


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