§ 159B-4. Authority of municipalities to jointly cooperate.
Article 2.
Joint Agencies; Municipalities.
§ 159B‑4. Authority of municipalities tojointly cooperate.
In addition and supplemental to the powers otherwise conferred onmunicipalities by the laws of the State, and in order to accomplish thepurposes of this Chapter and to obtain a supply of electric power and energyfor the present and future needs of its inhabitants and customers, amunicipality may jointly or severally plan, finance, develop, construct,reconstruct, acquire, improve, enlarge, better, own, operate and maintain aproject situated within or without the State with one or more othermunicipalities or joint agencies created pursuant to this Chapter or, in thecase of projects for the generation and transmission of electric power andenergy, jointly with any persons, firms, associations or corporations, publicor private, engaged in the generation, transmission or distribution of electricpower and energy for resale within this State or any state contiguous to theState, and may make such plans and enter into such contracts in connectiontherewith, not inconsistent with the provisions of this Chapter, as arenecessary or appropriate.
Prior to acquiring any generation project the governing board shalldetermine the needs of the municipality for power and energy based uponengineering studies and reports, and shall not acquire a project in excess ofthat amount of capacity and the energy associated therewith required to providefor its projected needs for power and energy from and after the date the projectis estimated to be placed in normal continuous operation and for suchreasonable period of time thereafter as shall be determined by the governingboard and approved by the North Carolina Utilities Commission in a proceedinginstituted pursuant to G.S. 159B‑24. In determining the future powerrequirements of a municipality, there shall be taken into account thefollowing:
(1) The economies and efficiencies to be achieved inconstructing on a large scale facilities for the generation of electric powerand energy;
(2) The municipality's needs for reserve and peaking capacityand to meet obligations under pooling and reserve sharing agreements reasonablyrelated to its needs for power and energy to which it is or may become a party;
(3) The estimated useful life of such project;
(4) The estimated time necessary for the planning, development,acquisition or construction of such project and the length of time required inadvance to obtain, acquire or construct additional power supply; and
(5) The reliability and availability of existing or alternativepower supply sources and the cost of such existing or alternative power supplysources.
A determination by such governing board approved by the North CarolinaUtilities Commission based upon appropriate findings of the foregoing mattersshall be conclusive as to the quantity of the interest which a municipality mayacquire in a generation project unless a party to the proceeding aggrieved bythe determination of said Commission shall file notice of appeal pursuant toArticle 5 of Chapter 62 of the General Statutes of North Carolina.
Nothing herein contained shall prevent a municipality or municipalitiesfrom undertaking studies to determine whether there is a need for a project orwhether such project is feasible. (1975, c. 186, s. 1; 1977, c. 385, s. 2; 1983, c. 574, s. 1; 1995, c.412, s. 3.)