http://nclawyersweekly.com Wed, 19 Jun 2013 19:58:59 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/06/12/public-utilities-satellite-tv-boxing-match-restaurant-broadcast-residential-price/ http://nclawyersweekly.com/2013/06/12/public-utilities-satellite-tv-boxing-match-restaurant-broadcast-residential-price/#comments Wed, 12 Jun 2013 12:17:41 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73788 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. ]]> http://nclawyersweekly.com/2013/06/12/public-utilities-satellite-tv-boxing-match-restaurant-broadcast-residential-price/feed/ 0 http://nclawyersweekly.com/2013/04/16/public-utilities-power-company-rate-increase-return-on-investment-source-of-figure-economic-conditions-effect-on-customers/ http://nclawyersweekly.com/2013/04/16/public-utilities-power-company-rate-increase-return-on-investment-source-of-figure-economic-conditions-effect-on-customers/#comments Tue, 16 Apr 2013 13:58:51 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72293 State ex rel. Utilities Commission v. Cooper Although the 10.5 percent return on equity (ROE) figure chosen by the Utilities Commission is within the range of figures recommended by the witnesses before it, none of the witnesses recommended that specific amount; however, it is the number set out in a nonunanimous stipulation. ]]> http://nclawyersweekly.com/2013/04/16/public-utilities-power-company-rate-increase-return-on-investment-source-of-figure-economic-conditions-effect-on-customers/feed/ 0 http://nclawyersweekly.com/2013/01/15/public-utilities-water-sewer-private-utility-sale-gain-on-sale-allocation-to-customers-municipal/ http://nclawyersweekly.com/2013/01/15/public-utilities-water-sewer-private-utility-sale-gain-on-sale-allocation-to-customers-municipal/#comments Tue, 15 Jan 2013 21:34:58 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=69610 State ex rel. Utilities Commission v. Carolina Water Service, Inc. of North Carolina Since 1994, the Utilities Commission has followed a policy of assigning 100 percent of the gain on sale to shareholders when a private utilities company sells its system to a municipality. In this case, the Commission reasonably chose to make an exception to that policy when a private utility, Carolina Water Service, Inc.]]> http://nclawyersweekly.com/2013/01/15/public-utilities-water-sewer-private-utility-sale-gain-on-sale-allocation-to-customers-municipal/feed/ 0 http://nclawyersweekly.com/2012/08/16/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim-3/ http://nclawyersweekly.com/2012/08/16/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim-3/#comments Thu, 16 Aug 2012 14:29:27 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=65109 Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.]]> http://nclawyersweekly.com/2012/08/16/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim-3/feed/ 0 http://nclawyersweekly.com/2012/08/16/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim-2/ http://nclawyersweekly.com/2012/08/16/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim-2/#comments Thu, 16 Aug 2012 13:55:20 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=65102 Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.]]> http://nclawyersweekly.com/2012/08/16/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim-2/feed/ 0 http://nclawyersweekly.com/2012/08/15/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim/ http://nclawyersweekly.com/2012/08/15/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim/#comments Wed, 15 Aug 2012 21:06:05 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=65088 Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.]]> http://nclawyersweekly.com/2012/08/15/public-utilities-emc-deceased-members-capital-credits-retirement-discount-tortnegligence-breach-of-fiduciary-duty-claim/feed/ 0 http://nclawyersweekly.com/2012/03/22/public-utilities-telephone-service-%e2%80%93-interconnection-agreements-%e2%80%93-local-exchange-carriers/ http://nclawyersweekly.com/2012/03/22/public-utilities-telephone-service-%e2%80%93-interconnection-agreements-%e2%80%93-local-exchange-carriers/#comments Thu, 22 Mar 2012 14:08:54 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=61178 New Cingular Wireless PCS LLC d/b/a AT&T Mobility v. Finley In this dispute between AT&T Mobility and local exchange carriers that provide telephone service in rural North Carolina, the 4th Circuit affirms a district court decision upholding the North Carolina Utilities Commission’s order governing the terms of the parties’ interconnection agreements.]]> http://nclawyersweekly.com/2012/03/22/public-utilities-telephone-service-%e2%80%93-interconnection-agreements-%e2%80%93-local-exchange-carriers/feed/ 0 http://nclawyersweekly.com/2012/02/29/public-utilities-telecommunications-act-%e2%80%93-wholesale-rates-%e2%80%93-retail-promotional-rates/ http://nclawyersweekly.com/2012/02/29/public-utilities-telecommunications-act-%e2%80%93-wholesale-rates-%e2%80%93-retail-promotional-rates/#comments Wed, 29 Feb 2012 19:38:28 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=60647 dPi Teleconnect, L.L.C. v. Finley Under the Telecommunications Act of 1996, the N.C. Utilities Commission requires AT&T North Carolina to sell interconnections to competitive local exchange carriers (CLECs) – like plaintiff – for 21 percent less than AT&T North Carolina’s retail rate. When AT&T North Carolina offers its retail customers a promotional rate for more than 90 days, it is required to sell interconnections to CLECs at the promotional rate, less 21 percent.]]> http://nclawyersweekly.com/2012/02/29/public-utilities-telecommunications-act-%e2%80%93-wholesale-rates-%e2%80%93-retail-promotional-rates/feed/ 0 http://nclawyersweekly.com/2011/12/15/public-utilities-telecommunications-administrative-standing-billing-agent/ http://nclawyersweekly.com/2011/12/15/public-utilities-telecommunications-administrative-standing-billing-agent/#comments Thu, 15 Dec 2011 17:51:42 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=59311 CGM LLC v. BellSouth Telecommunications Inc. The 4th Circuit upholds dismissal of a suit filed by a billing agent for local telecommunications carriers against BellSouth, the incumbent local exchange carrier, as plaintiff billing agent does not have statutory standing to bring this suit.]]> http://nclawyersweekly.com/2011/12/15/public-utilities-telecommunications-administrative-standing-billing-agent/feed/ 0 http://nclawyersweekly.com/2011/08/04/public-utilities-power-companies-environmental-renewable-energy-biomass-primary-harvest-tress/ http://nclawyersweekly.com/2011/08/04/public-utilities-power-companies-environmental-renewable-energy-biomass-primary-harvest-tress/#comments Thu, 04 Aug 2011 19:56:48 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=57272 State ex rel. Utilities Commission v. Environmental Defense Fund G.S. § 62-133.8(a) defines “renewable energy resource” to include “a biomass resource, including agricultural waste, animal waste, wood waste, spent pulping liquors, combustible residues, combustible liquids, combustible gases, energy crops, or landfill methane.” This definition includes primary harvest trees. We affirm the Utilities Commission’s approval of Duke Energy Carolinas, LLC’s application to register two of its thermal electric generating stations - where a blend of wood chips and coal were used as fuel — as renewable energy facilities.]]> http://nclawyersweekly.com/2011/08/04/public-utilities-power-companies-environmental-renewable-energy-biomass-primary-harvest-tress/feed/ 0