§ 62-10. Number; appointment; terms; qualifications; chairman; vacancies; compensation; other employment prohibited.
Article 2.
Organization of Utilities Commission.
§ 62‑10. Number; appointment; terms;qualifications; chairman; vacancies; compensation; other employment prohibited.
(a) The North Carolina Utilities Commission shall consist ofseven commissioners who shall be appointed by the Governor subject toconfirmation by the General Assembly by joint resolution. The names ofcommissioners to be appointed by the Governor shall be submitted by theGovernor to the General Assembly for confirmation by the General Assembly on orbefore May 1, of the year in which the terms for which the appointments are tobe made are to expire. Upon failure of the Governor to submit names as hereinprovided, the Lieutenant Governor and Speaker of the House jointly shall submitthe names of a like number of commissioners to the General Assembly on orbefore May 15 of the same year for confirmation by the General Assembly.Regardless of the way in which names of commissioners are submitted,confirmation of commissioners must be accomplished prior to adjournment of thethen current session of the General Assembly. This subsection shall be subjectto the provisions of subsection (c) of this section.
(b) The terms of the commissioners now serving shall expire atthe conclusion of the term for which they were appointed which shall remain asbefore with two regular eight‑year terms expiring on July 1 of eachfourth year after July 1, 1965, and the fifth term expiring on July 1 of eacheighth year after July 1, 1963. The terms of office of utilities commissionersthereafter shall be eight years commencing on July 1 of the year in which thepredecessor terms expired, and ending on July 1 of the eighth year thereafter.
(c) In order to increase the number of commissioners to seven,the names of two additional commissioners shall be submitted to the GeneralAssembly on or before May 27, 1975, for confirmation by the General Assembly asprovided in G.S. 62‑10(a). The commissioners so appointed and confirmedshall serve new terms commencing on July 1, 1975, one of which shall be for aperiod of two years (with the immediate successor serving for a period of sixyears), and one of which shall be for a period of two years.
Thereafter, the terms of office of the additional commissioners shallbe for eight years as provided in G.S. 62‑10(b).
(d) A commissioner in office shall continue to serve until hissuccessor is duly confirmed and qualified but such holdover shall not affectthe expiration date of such succeeding term.
(e) On July 1, 1965, and every four years thereafter, one of thecommissioners shall be designated by the Governor to serve as chairman of theCommission for the succeeding four years and until his successor is dulyconfirmed and qualifies. Upon death or resignation of the commissioner appointedas chairman, the Governor shall designate the chairman from the remainingcommissioners and appoint a successor as hereinafter provided to fill thevacancy on the Commission.
(f) In case of death, incapacity, resignation or vacancy forany other reason in the office of any commissioner prior to the expiration ofhis term of office, the name of his successor shall be submitted by theGovernor within four weeks after the vacancy arises to the General Assembly forconfirmation by the General Assembly. Upon failure of the Governor to submitthe name of the successor, the Lieutenant Governor and Speaker of the Housejointly shall submit the name of a successor to the General Assembly within sixweeks after the vacancy arises. Regardless of the way in which names ofcommissioners are submitted, confirmation of commissioners must be accomplishedprior to the adjournment of the then current session of the General Assembly.
(g) If a vacancy arises or exists pursuant to either subsection(a) or (c) or (f) of this section when the General Assembly is not in session,and the appointment is deemed urgent by the Governor, the commissioner may beappointed and serve on an interim basis pending confirmation by the GeneralAssembly.
(h) The salary of each commissioner and that of the commissionerdesignated as chairman shall be set by the General Assembly in the CurrentOperations Appropriations Act. In lieu of merit and other increment raises paidto regular State employees, each commissioner, including the commissioner designatedas chairman, shall receive as longevity pay an amount equal to four and eight‑tenthspercent (4.8%) of the annual salary set forth in the Current OperationsAppropriations Act payable monthly after five years of service, and nine andsix‑tenths percent (9.6%) after 10 years of service. "Service"means service as a member of the Utilities Commission.
(h1) In addition to compensation for their services, each memberof the Commission who lives at least 50 miles from the City of Raleigh shall bepaid a weekly travel allowance for each week the member travels to the City ofRaleigh from the member's home for business of the Commission. The allowanceshall be calculated for each member by multiplying the actual round‑tripmileage from that member's home to the City of Raleigh by the rate‑per‑milewhich is the business standard mileage rate set by the Internal Revenue Servicein Rev. Proc. 93‑51, December 27, 1993.
(i) The standards of judicial conduct provided for judges inArticle 30 Chapter 7A of the General Statutes shall apply to members of theCommission. Members of the Commission shall be liable to impeachment for thecauses and in the manner provided for judges of the General Court of Justice inChapter 123 of the General Statutes. Members of the Commission shall not engagein any other employment, business, profession, or vocation while in office.
(j) Except as provided in subsection (h1) of this section,members of the Commission shall be reimbursed for travel and subsistenceexpenses at the rates allowed to State officers and employees by G.S. 138‑6(a).(1941, c. 97, s. 2; 1949,c. 1009, s. 1; 1959, c. 1319; 1963, c. 1165, s. 1; 1967, c. 1238; 1975, c. 243,s. 3; c. 867, ss. 1, 2; 1977, c. 468, s. 1; c. 913, s. 2; 1983 (Reg. Sess.,1984), c. 1116, s. 91; 1989, c. 781, s. 41.2; 1993 (Reg. Sess., 1994), c. 769,s. 7.4(b); 1996, 2nd Ex. Sess., c. 18, s. 28.2(b); 1997‑443, s. 33.5;1999‑237, s. 28.21(a), (b).)