NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

 

 

CHAPTER 184

HOUSE BILL 3

 

 

AN ACT TO REPEAL CHAPTER 1041 OF THE 1973 SESSION LAWS (SECOND SESSION, 1974) WHICH ACT AMENDED G.S. 62-133(c) TO ALLOW THE NORTH CAROLINA UTILITIES COMMISSION, IN ESTABLISHING PUBLIC UTILITY RATES, TO USE A TEST PERIOD OF 12 MONTHS COMMENCING ON THE FIRST DAY OF THE MONTH FOLLOWING THE DATE THE RATES ARE PROPOSED TO BECOME EFFECTIVE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  Chapter 1041 of the 1973 Session Laws (Second Session, 1974) is repealed.

Sec. 2.  G.S. 62-133(c) is amended by adding, in lieu of the second sentence deleted by Section 1 of this act, the following:

"The test period shall consist of 12 months' historical operating experience prior to the date the rates are proposed to become effective but the Commission shall consider such relevant, material and competent evidence as may be offered by any party to the proceeding tending to show actual changes in costs, revenues or the value of the public utility's property used and useful in providing the service rendered to the public within this State which is based upon circumstances and events occurring up to the time the hearing is closed."

Sec. 3.  This act shall be in full force and effect upon ratification, but shall not affect pending litigation.

In the General Assembly read three times and ratified, this the 30th day of April, 1975.