Domestic Electric Service, Inc. v. City of Rocky Mount

BALEY, Judge.

The issue in this case is one of statutory construction. Domestic contends that under G.S. 62-110.2 (b) (8) and (c) (1) it has the exclusive right to provide electricity for all new customers within its assigned territory. Defendants contend that Domestic’s right is not exclusive; that G.S. 62-110.2 is inapplicable to municipalities; and that under G.S. 160A-312 City has the right to sell electricity to Cokey. G.S. 62-110.2 (b) (8) and (c) (1) read as follows:

“(b) (8) Every electric supplier shall have the right to. serve all premises located wholly within the service area…