NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 652

HOUSE BILL 1305

AN ACT TO ENCOURAGE CO-GENERATION OF ELECTRICITY.

The General Assembly of North Carolina enacts:

Section 1.  Chapter 62, Article 1 of the General Statutes is amended by adding the following proviso at the end of G.S. 62-3(23)a.l.:

"provided, however, that the term 'public utility' shall not include persons who construct or operate an electric generating facility, the primary purpose of which facility is for such person's own use and not for the primary purpose of producing electricity, heat, or steam for sale to or for the public for compensation."

Sec. 2.  Chapter 62, Article 6 of the General Statutes is amended by adding the following new subsection (g) to G.S. 62-110.1.:

"(g)       The certification requirements of this section shall not apply to persons who construct an electric generating facility primarily for that person's own use and not for the primary purpose of producing electricity, heat, or steam for sale to or for the public for compensation; provided, however, that such persons shall, nevertheless, be required to report to the Utilities Commission the proposed construction of such a facility before beginning construction thereof."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 28th day of May, 1979.