State ex rel. Utilities Commission v. Cooper (Lawyers Weekly No. 14-06-0814, 13 pp.) (Barbara Jackson, J.) Appealed from the Utilities Commission. N.C. S. Ct. Holding: Although this court previously rejected a Utilities Commission order because it did not contain sufficient ...Read More »
Public Utilities – Municipal – Cable Attachments – Utility Poles – Unreasonable Rates & Terms – Constitutional – Separation of Powers
Time Warner Entertainment Advance/Newhouse Partnership v. Town of Landis (Lawyers Weekly No. 14-15-0645, 27 pp.) (Calvin Murphy, J.) 2014 NCBC 25 Holding: The defendant-town’s proposal to raise its annual per-pole attachment rate from $3.00 to $18.00 is unreasonable in that ...Read More »
Rutherford Electric Membership Corp. v. Time Warner Entertainment/Advance Newhouse Partnership (Lawyers Weekly No. 14-15-0498, 30 pp.) (Calvin Murphy, J.) 2014 NCBC 20 Holding: When calculating what to charge the defendant-cable company to attach its cables to the plaintiff-electric membership corporation’s ...
Tagged with: Electric Membership CorporationRead More »
Public Utilities – Commission Investigation – Intervention Motion – Standing – Civil Practice – Appeals
In re Duke Energy Corp. (Lawyers Weekly No. 14-07-0461, 32 pp.) (Martha Geer, J.) Appealed from the Utilities Commission. N.C. App. Holding: This case involved an investigation under the Utilities Commission’s supervisory power granted by G.S. Chapter 62, Article 3. ...
Tagged with: G.S. Chapter 62Read More »
Public Utilities – Corporate – Merger – Benefits to Retail Ratepayers – Civil Practice – Appeals — Standing
In re Application of Duke Energy Corp. (Lawyers Weekly No. 14-07-0193, 30 pp.) (Douglas McCullough, J.) Appealed from the Utilities Commission. N.C. App. Holding: No single document entitled “cost-benefit analysis” was presented by the applicants quantifying the known and potential ...
Tagged with: cost-benefit analysisRead More »
Public Utilities – Electricity – Municipal — Agreements for Service – Statutory Construction — G.S. § 160A-331.2(a
G.S. § 160A-331.2(a) only authorizes electric service agreements between electric utilities and municipalities wherein the parties allocate to each other the right to provide electric service to premises each would not have the right to serve under Article 16 but for the agreement.
Tagged with: Utilities CommissionRead More »
Kohn v. Firsthealth of the Carolinas, Inc. Since a hospital does not fit within the statutory definition of a “public utility,” the defendant-hospital cannot have violated the public utility doctrine by denying the plaintiff-doctor staff privileges. We affirm the trial court’s grant of defendant’s motion to dismiss.
Tagged with: public utilityRead More »
J & J Sports Productions, Inc. v. Jorkay, LLC Although defendants did not realize they were violating 47 U.S.C. § 605 when they ordered the Mayweather/Marquez boxing match through their commercial DirecTV account and then broadcast the fight at their restaurant, defendants paid only the $59.95 residential cost of the program and failed to pay the commercial sublicensing fee required to lawfully show the event at their restaurant. Section 605 imposes strict liability for violations.
Tagged with: sublicensing feeRead More »