North Carolina Amends Public Utility Definitions

Effective July 27, 2017, in North Carolina, a “public utility” can mean a person owning or operating equipment or facilities for “producing, generating, transmitting, delivering or furnishing electricity, piped gas, steam or any other like agency for the production of light, heat or power to or for the public for compensation.” However, this definition does not extend to persons who construct or operate an electric generating facility producing electricity, heat, or steam for which public compensation is not the primary purpose. Neither does the public utility definition extend to a person constructing or operating an eligible solar facility on a customer’s property in which the facility is leased to that customer. This eliminates all rules and requirements that apply to public utilities from those that self-generate.  The definition of “small power producer” was also amended, now applying to a person or corporation owning or operating an electrical power production facility, given that the facility qualifies as a “small power production facility,” as defined in 16 U.S.C. Section §796. (Ch. 192 (H.B. 589), Laws 2017, effective July 27, 2017).

Posted on May 10, 2018