House amendment to the 4th edition makes the following changes.
Section 3.
Amends GS 62-133.2, which requires the State Utility Commission (Commission) to allow an electric public utility generating electricity by fossil fuel or nuclear fuel to charge an increment or decrement as a rider to its rates for changers in the cost of fuel and fuel-related costs used in providing in-State customers with electricity from the cost of fuel and fuel-related cost established in the utility’s previous general rate case, as follows. Adds the total delivered costs, including capacity and noncapacity related costs, fuel costs, and all related transmission charges, of all purchases of electric power and capacity by the electric public utility any other costs required to comply with any federal mandate that is similar to state law to those costs that can be recovered through the increment or decrement rider approved by the Commission for electric public utilities with fewer than 150,000 North Carolina retrial jurisdictional customers as of December 31, 2006. Removes fuel cost components and delivered costs associated with al purchases of electric power from cogeneration and small power production facilities from those recoverable costs. Makes conforming changes. Limits those costs involving power purchase agreements from renewable generating facilities (including qualifying cogeneration facilities and qualifying  small power production facilities, costs  related  to GS 62-133.8(h) or any other costs required to comply with any federal mandate that is similar to the specified requirements of state law) as those subject to a cap of 1% on the annual increase in the amount of those costs. Specifies that for the total delivered costs, including capacity and noncapacity related costs, and all related transmission charges of all purchases of electric power and capacity by the electric, that the specific component for each class of customers is determined by allocating these costs among customer classes based on the electric public utility's North Carolina peak demand for the prior year, as determined by the Commission, until the Commission determines how these costs shall be allocated in a general rate case for the electric public utility commenced on or after January 1, 2008. Allows the identified adjustment to the increment or decrement rider to remain in effect until either (1) the end of the 12-month period following the adjustment’s effective date or (2) other such time period the Commission deems reasonable (was, just 12-month period). Makes conforming changes.
Section 5.
Makes technical changes to GS 62-172. Modifies term securitization property so it includes coal plant retirement charges (was, coal plant recovery charges).
Section 6.
Replaces references to “section” with “act” in the act’s severability clause.

Statutes affected:
Filed: 143-138, 143-215.54
Edition 1: 143-138, 143-215.54
Edition 2: 143-138, 143-215.54
Edition 3: 143-138, 143-215.54
Edition 4: 62-110.9, 62-110.1, 62-133, 62-133.2, 62-133.16, 62-172
Edition 5: 62-110.9, 62-110.1, 62-133, 62-133.2, 62-133.16, 62-172