§ 62-116. Issuance of temporary or emergency authority.
§ 62‑116. Issuanceof temporary or emergency authority.
(a) Upon the filing of an application in good faith for afranchise, the Commission may in its discretion, after notice by regular mailto all persons holding franchises authorizing similar services within the sameterritory and upon a finding that no other adequate existing service isavailable, pending its final decision on the application, issue to theapplicant appropriate temporary authority to operate under such just andreasonable conditions and limitations as the Commission deems necessary ordesirable to impose in the public interest; provided, however, that pendingsuch final decision on the application, the applicant shall comply with all theprovisions of this Chapter, and with the lawful orders, rules and regulationsof the Commission promulgated thereunder, applicable to holders of franchises,and upon failure of an applicant so to do, after reasonable notice from theCommission requiring compliance therewith in the particulars set out in thenotice, and after hearing, the application may be dismissed by the Commissionwithout further proceedings, and temporary authority issued to such applicantmay be revoked. The authority granted under this section shall not create anypresumption nor be considered in the action on the permanent authorityapplication.
(b) Upon its own initiative, or upon written request by anycustomer or by any representative of a local or State government agency, andafter issuance of notice to the owner and operator and after hearing inaccordance with G.S. 1A‑1, Rule 65(b), the Commission may grant emergencyoperating authority to any person to furnish water or sewer utility service tomeet an emergency to the extent necessary to relieve the emergency; provided,that the Commission shall find from such request, or from its own knowledge,that a real emergency exists and that the relief authorized is immediate,pressing and necessary in the public interest, and that the person soauthorized has the necessary ability and is willing to perform the prescribedemergency service. Upon termination of the emergency, the emergency operatingauthority so granted shall expire upon order of the Commission. An emergency isdefined herein as the imminent danger of losing adequate water or sewer utilityservice or the actual loss thereof. (1947, c. 1008, s. 10; 1949, c. 1132, s. 9; 1963, c. 1165, s. 1; 1973,c. 1108.)