Duke Power Co. v. Blue Ridge Electric Membership Corp.

117 S.E.2d 812, 253 N.C. 596, 37 P.U.R.3d 396, 1961 N.C. LEXIS 453
CourtSupreme Court of North Carolina
DecidedJanuary 20, 1961
Docket311
StatusPublished
Cited by41 cases

This text of 117 S.E.2d 812 (Duke Power Co. v. Blue Ridge Electric Membership Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duke Power Co. v. Blue Ridge Electric Membership Corp., 117 S.E.2d 812, 253 N.C. 596, 37 P.U.R.3d 396, 1961 N.C. LEXIS 453 (N.C. 1961).

Opinions

Rodman, J.

The contract between Duke and Blue Ridge lies at the threshold of the controversy. (Actually there are two contracts, each designating a place where Duke will connect with Blue Ridge lines to furnish current, but they are identical so far as material to a decision of this case. Hence they are treated as a single instrument.) Each of these parties bases its right to relief on its interpreta- ^ X ^ J o-l T\-T t ACfT HTVL i. ¿ [600]*600the end of an annual period by sixty days notice from one party to the other.

The provisions pertinent to the decision of this case read:

"FOURTH: The electric power delivered hereunder is and shall be delivered for the purpose of resale primarily to rural homes and farm consumers who are members of the ‘Consumer’ in Caldwell County, North Carolina and who are not located in any incorporated city or town. Neither party shall furnish or offer to furnish electric energy to anyone who, at the time of the proposed service, is receiving electric service from the other, or whose premises are capable of being served by the existing facilities of the other without extension of its distribution system other than by the construction of secondary lines not exceeding 300 feet in length, nor shall either party unless ordered so to do by a properly constituted authority, duplicate the other’s facilities, except insofar as such duplication shall be necessary in order to transmit electric energy between unconnected points on its lines. The electric power delivered hereunder shall be distributed by the Consumer solely to ultimate users, and shall not be sold or offered for sale by the Consumer to any person, firm, municipal or other corporation or association for resale, or sold or offered for sale by the Consumer to anyone who is receiving electric service or whose premises are capable of being served by the existing facilities (including additional secondary lines not exceeding 300 feet in length) of any municipal or other distribution system to which the Power Company sells electric power for resale, except where such municipality or other distributor refuses to furnish such service. The Consumer shall not, during the continuance of this contract, cause or permit electric power, from any source other than the Power Company, to be distributed over that portion of its system supplied with electric power delivered hereunder, without the written consent of the Power Company.”
“SEVENTH: All such electric power which shall be sold or otherwise disposed of by the Consumer to any person, firm or corporation shall be sold or disposed of subject to this contract.”
“TWENTY-THIRD: This contract is subject to the rates, rules, regulations and conditions of the Power Company as the same are now on file with the Utilities Commission of the State of North Carolina, and as the same may be lawfully changed or modified from time to time, and such rates, rules, regulations and conditions are made a part of this contract to the same effect as if fully set forth herein.”

The contract provided that it should not be binding until approved [601]*601by Duke’s Board of Directors and the Administrator of the Rural Electrification Administration of the United States.

The contract, including all of its terms and conditions, has been formally approved by the North Carolina Utilities Commission.

This is the factual background presented for interpreting the contract: Blue Ridge came into existence by virtue of provisions of c. 117 of the General Statutes. For more than eighteen years it has been purchasing electric power from Duke for resale in Caldwell County, including the Hudson area. Caldwell County with an area of 476 square miles had, according to the 1950 census, only 7,888 urban citizens, all of whom lived in the town of Lenoir. The remaining inhabitants are listed in that census as rural. Hudson, incorporated by legislative act in 1905, had, in 1950, a population of 922. The 1960 census gives it a population of 1536.

Between March 1942 and June 1954 six homes near the western boundary of Hudson within its corporate limits connected to Blue Ridge lines and have been receiving current from Blue Ridge. Duke did not at that time have a power line within 300 feet of these homes. Blue Ridge did have such a line.

In July 1956 Hudson changed a portion of its western boundary so as to include a home connected with Blue Ridge lines in October 1956.

In September 1957 Hudson changed its boundaries tp include an area at its southeast corner. This action brought within-'its corporate limits two homes which were and had been receiving current from Blue Ridge since 1941: It also brought within the corporate limits the Hudson High School which had been receiving current from Blue Ridge since October 1955. So far as appears, Duke does not have a transmission line in this area.

In April 1959 Hudson changed its western boundary so as to bring within its corporate limits eleven homes, members of and receiving current from Blue Ridge.

The contract between Duke and Blue Ridge is headed “RURAL RESALE.” Duke had a franchise from Hudson /as early as 1927. This franchise was renewed in 1950.

Notwithstanding its franchise rights, Duke furnished current to Blue Ridge, which resold to its members, inhabitants of Hudson, as early as 1941. The contract between the parties made in June 1952 contained a provision identical with section FOURTH of the present contract. Notwithstanding this contract provision, Duke continued to sell to Blue Ridge for resale to its members, inhabitants of Hudson, from June 1952 until the institution of this action in August 1959.

[602]*602When called upon to interpret a contract, courts seek to ascertain and give effect to the intent of the parties if that intent does not require the performance of an act prohibited by law. To interpret, we must ascertain the result which the parties intended to accomplish. Manifestly, the purpose of Duke, a private corporation, was -to sell its wares (electricity) at a profit. The purpose of Blue Ridge, a nonprofit cooperative, was to promote and encourage “the' fullest possibly use of electric energy in the rural section of the State by making electric energy available to inhabitants of the State at the lowest cost consistent with sound economy and prudent manage- • ment . . G.S. 117-10.

The contract declares the current is sold “for the purpose of resale primarily to rural homes and farm consumers who are members, of the ‘Consumer’ in Caldwell County, North Carolina and who are not located in any incorporated city or town.” :

Manifestly this is a mere rephrasing of the statutory purpose for which the cooperative was created. The contract does not define a rural home or a farm consumer, nor does our statute (c. 117'of the General Statutes) authorizing the creation of electric membership corporations contain a definition of a rural home or rural area. The Federal statute providing for rural electrification, Title VH,’USCA, sec. 913, defines a rural area as “any area of the United States not included within the boundaries of any city, village, or borough having a population in excess of fifteen hundred inhabitants.” Hudson and all of Caldwell County except the town of Lenoir were, when this contract was made, rural areas within the Federal definition. ■

.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Se. Pub. Safety Grp.
Court of Appeals of North Carolina, 2025
Troublefield v. AutoMoney
Court of Appeals of North Carolina, 2022
Leake v. AutoMoney
Court of Appeals of North Carolina, 2022
Abbington Spe, LLC v. U.S. Bank, Nat'l Ass'n
352 F. Supp. 3d 508 (E.D. North Carolina, 2016)
Williams v. Habul
724 S.E.2d 104 (Court of Appeals of North Carolina, 2012)
State Ex Rel. Utilities Commission v. TOWN OF KILL DEVIL HILLS
670 S.E.2d 341 (Court of Appeals of North Carolina, 2009)
County of Wake v. North Carolina Department of Environment & Natural Resources
573 S.E.2d 572 (Court of Appeals of North Carolina, 2002)
OFFISS, Inc. v. First Union National Bank
562 S.E.2d 905 (Court of Appeals of North Carolina, 2002)
Bueltel v. Lumber Mutual Insurance
518 S.E.2d 205 (Court of Appeals of North Carolina, 1999)
Martin v. Continental Insurance
474 S.E.2d 146 (Court of Appeals of North Carolina, 1996)
Albuquerque v. NM PUBLIC SERVICE COM'N
854 P.2d 348 (New Mexico Supreme Court, 1993)
City of Albuquerque v. New Mexico Public Service Commission
854 P.2d 348 (New Mexico Supreme Court, 1993)
PUBLIC SERVICE COM'N v. Fuller
551 So. 2d 1210 (Supreme Court of Florida, 1989)
Town of Culpeper v. Virginia Electric & Power Co.
207 S.E.2d 864 (Supreme Court of Virginia, 1974)
Duke Power Company v. City of High Point
205 S.E.2d 774 (Court of Appeals of North Carolina, 1974)

Cite This Page — Counsel Stack

Bluebook (online)
117 S.E.2d 812, 253 N.C. 596, 37 P.U.R.3d 396, 1961 N.C. LEXIS 453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duke-power-co-v-blue-ridge-electric-membership-corp-nc-1961.