State Ex Rel. Utilities Commission v. North Carolina Consumers Council, Inc.

MORRIS, Judge.

Intervenor’s exceptions and assignments of error bring forward only one question for decision and that is whether the Commission has lawful authority to adopt a rule providing that utilities subject to its jurisdiction may charge no more than 1% per month to their customers in North Carolina as a late payment charge on amounts owing 25 days or longer after the rendering of the bill.

Intervenor argues that the 1% per month permissible charge amounts to interest; that the Utilities Commission has no authority to set interest rates, a matter for the General Assembly, and that even…