State Ex Rel. Utilities Commission v. Union Electric Membership Corp.

164 S.E.2d 889, 3 N.C. App. 309, 1968 N.C. App. LEXIS 854
CourtCourt of Appeals of North Carolina
DecidedDecember 31, 1968
Docket6810UC395
StatusPublished
Cited by18 cases

This text of 164 S.E.2d 889 (State Ex Rel. Utilities Commission v. Union Electric Membership Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Utilities Commission v. Union Electric Membership Corp., 164 S.E.2d 889, 3 N.C. App. 309, 1968 N.C. App. LEXIS 854 (N.C. Ct. App. 1968).

Opinions

Bkitt, J.

The majority order adopted by the Utilities Commission was based upon the premise that the provisions of G.S. 62-110.2 (b) (5) are applicable to the factual situation covered by this case. Said section reads as follows:

“(b) In areas outside of municipalities, electric suppliers shall have rights and be subject to restrictions as follows:
* *
(5) Any premises initially requiring electric service after April 20, 1965 which are not located wholly within 300 feet of the lines of any electric supplier and are not located partially within 300 feet of the lines of two or more electric suppliers may be served by any electric supplier which the consumer chooses, unless such [313]*313premises are located wholly or partially within an area assigned to an electric supplier pursuant to subsection (c) hereof, and any electric supplier not so chosen by the consumer shall not thereafter furnish service to such premises.”

Duke contends, and the Utilities Commission concluded, that the facts of this case fall squarely within the quoted statute. The question presented can be.stated as follows: May an electric supplier, upon a request of a consumer, provide electric service to such consumer on premises initially requiring electric service after 20 April 1965, if such premises are located outside of a municipality, are not located wholly within 300 feet of the lines of any electric supplier, are not located partially within 300 feet of the lines of two or more electric suppliers, and are not located wholly or partially within an area assigned to an electric supplier pursuant to subsection (c) of G.S. 62-110.2? We answer the question in the affirmative.

Determination of this appeal necessitates a consideration of Chapter 287 of the 1965 Session Laws codified as G.S. 62-110.1, et seq. Clearly, one of the purposes of Chapter 287 is to vest the Utilities Commission with authority and responsibility to assign territory .to electric suppliers; this purpose is set forth in G.S. 62-110.2 (c) (1) as follows:

“(c) (1) In order to avoid unnecessary duplication of electric facilities, the Commission is authorized and directed to assign, as soon as practicable after January 1, 1966, to electric suppliers all areas, by adequately defined boundaries, that are outside the corporate limits of municipalities and that are more than 300 feet from the lines of all electric suppliers as such lines exist on the dates of the assignments; provided, that the Commission may leave unassigned any area in which the Commission, in its discretion, determines that the existing lines of two or more electric suppliers are in such close proximity that no substantial avoidance of duplication of facilities would be accomplished by assignment of such area. The Commission shall make assignments of areas in accordance with public convenience and necessity, considering, among other things, the location of existing lines and facilities of electric suppliers and the adequacy and dependability of the service of electric suppliers, but not considering rate differentials among electric suppliers.”

It is equally clear that another purpose of Chapter 287 of the 1965 Session Laws, and particularly the section codified as G.S. 62-110.2 (b), is to declare certain rights of electric suppliers in areas outside of municipalities pending the assignment of territory. Thus, [314]*314in the action before us, we must consider certain rights given an electric supplier and a consumer by the General Assembly.

Appellant contends that a determination of this appeal does not rest entirely upon the consideration of the provisions of G.S. 62-110.2 but also upon certain other provisions of Chapter 62 of the General Statutes, particularly G.S. 62-2, 62-30, 62-31, 62-32, 62-42, and 62-73. Appellant contends that G.S. 62-110.2 must be considered and construed in pari materia with said other sections of Chapter 62.

Our Supreme Court has spoken many times on the question of interpretation of statutes. “Where there are two provisions in a statute, one of which is special or particular and the other general, which, if standing alone, would conflict with the particular provision, the special will be taken as intended to constitute an exception to the general provisions, as the General Assembly is not to be presumed to have intended a conflict.” Davis v. Granite Corporation, 259 N.C. 672, 131 S.E. 2d 335; 7 Strong, N. C. Index 2d, Statutes, § 5, p. 73.

It is also a rule of' statutory construction that “[w]here one statute deals with the subject matter in detail with reference to a particular situation and another statute deals with the same subject matter in general and comprehensive terms, the particular statute will be construed as controlling in the particular situation unless it clearly appears that the General Assembly intended to make the general act controlling in regard thereto, especially when the particular statute is later enacted.” 7 Strong, N. C. Index 2d, Statutes, § 5, p. 73.

In Watson Industries v. Shaw, Comr. of Revenue, 235 N.C. 203, 69 S.E. 2d 505, Barnhill, J. (later C.J.), said: “If the words of the law are clear and precise, and the true meaning evident on the face of the enactment, there is no room for construction.” In Highway Commission v. Hemphill, 269 N.C. 535, 153 S.E. 2d 22, our Supreme Court through Branch, J., declared: “ When the language of a statute is plain and free from ambiguity, expressing a single, definite and sensible meaning, that meaning is conclusively presumed to be the meaning which the Legislature intended, and the statute must be interpreted accordingly.’ Long v. Smitherman, 251 N.C. 682, 111 S.E. 2d 834.”

G.S. 62-110.2 (b) (5) deals with the specific factual situation presented by this appeal. The other sections of Chapter 62 referred to by Union deal with general powers and responsibilities of the Utilities Commission.

In Membership Corp. v. Light Co., 255 N.C. 258, 120 S.E. 2d 749, our Supreme Court, in an opinion written by Bobbitt, J., declared:

[315]*315“In Light Co. v. Electric Membership Corp., 211 N.C. 717, 192 S.E. 105, decided in 1937, this Court held that an electric membership corporation and a public utility corporation were free to compete in rural areas. Unless restricted by the provisions of Article 8 of their contract of January 5, 1956, plaintiff and defendant may continue to do so.”

Finding of fact No. 16 of the Utilities Commission order, which was not excepted to by Union, states:

“16. Prior to March 12, 1965, complainant and defendant had a contract between them which provided, inter alia, ‘nor shall either party, unless ordered to do so by a properly constituted authority, duplicate the other’s facilities.’ On March 12, 1965, counsel for all of the electric membership corporations in the State and all electric public utilities entered into an agreement that their territorial relationships would be governed by G.S. 62-110.2 rather than by the provisions of any contracts as herein referred to.”

Inasmuch as the contract existing between Union and Duke prior to 12 March 1965 was terminated and they, along with other electric membership corporations and electric public utilities in North Carolina, agreed that their territorial relationships would be governed by G.S.

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State Ex Rel. Utilities Commission v. Union Electric Membership Corp.
164 S.E.2d 889 (Court of Appeals of North Carolina, 1968)

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Bluebook (online)
164 S.E.2d 889, 3 N.C. App. 309, 1968 N.C. App. LEXIS 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-utilities-commission-v-union-electric-membership-corp-ncctapp-1968.