State Ex Rel. Utilities Commission v. Union Electric Membership Corp.

The majority order adopted by the Utilities Commission was based upon the premise that the provisions of G.S. 62-110.2 (b) (5) are applicable to the factual situation covered by this case. Said section reads as follows:

“(b) In areas outside of municipalities, electric suppliers shall have rights and be subject to restrictions as follows:

* *(5) Any premises initially requiring electric service after April 20, 1965 which are not located wholly within 300 feet of the lines of any electric supplier and are not located partially within 300 feet of the lines of two or more electric suppliers may be…