CHAPTER 08 – RURAL ELECRIFICATION AUTHORITY
SECTION .0100 – GENERAL PROVISIONS
04 NCAC 08 .0101 PURPOSE
(a) The purpose of the North Carolina Rural Electrification
Authority ("the Authority") is to secure and continue to provide
dependable electric and telephone services to customers served by the electric
membership corporations ("EMCs") and the telephone membership
corporations ("TMCs") in predominately rural areas of the state at
the lowest possible cost and on a nondiscriminatory basis, as set forth in G.S.
117-16.1. To accomplish this purpose, the Authority shall act as an agent in
securing loans or grants from any agency of the United States Government. The
Authority also serves as a forum to receive and investigate complaints from
members of the electric cooperatives to arrive at a just and satisfactory
solution to the member complaints.
(b) The Authority, pursuant to the Telecommunications Act
of 1996, Pub. LA. No. 104-104, 110 Stat. 56 (1996) ("the Act") shall
establish procedural schedules for Petitions for Arbitration of interconnection
agreements between TMCs and other local and wireless providers. The Authority
shall render final decisions for these arbitrations based on information
received from testimony, discovery and hearings. The Authority shall review
and approve the interconnection agreements and their amendments in accordance
with Section 252(e) of the Telecommunications Act.
(c) The Board of the Authority shall choose a Secretary,
who is also the Administrator of the Authority.
History Note: Authority G.S. 117‑2; 117-2(11a);
117-3.1; 117-4; 117-26; 117-31; 117-32; 47 U.S.C. 251;
Eff. February 1, 1976;
Amended Eff. May 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0102 ADDRESS OF THE
AUTHORITY
(a) The office of the Authority is located in Raleigh,
North Carolina at 120 Penmarc Drive, Suite 104 and the mailing address is 4321
Mail Service Center, Raleigh, North Carolina 27699-4321.
(b) The website address for the Authority is www.ncrea.net.
(c) All correspondence shall be addressed to the attention
of the Administrator or to the Chairman of the Authority. The office is open to
the public Monday through Friday during the normal business hours of 8:00 a.m.
to 5:00 p.m. and is closed on all state holidays.
History Note: Authority G.S. 117-1;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0103 RURAL ELECTRIFICATION AUTHORITY
CREATED
History Note: Authority G.S. 117‑1;
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
04 NCAC 08 .0104 TERM OF OFFICE
History Note: Authority G.S. 117‑1;
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
04 NCAC 08 .0105 ORGANIZATION
History Note: Authority G.S. 117‑4;
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
04 NCAC 08 .0106 COMPENSATION
History Note: Authority G.S. 117‑5; 138‑5;
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
04 NCAC 08 .0107 MEETINGS
(a) The Authority shall not meet more than 12 times per
year. The meetings will be held at the office, offsite, or via conference
call.
(b) The Administrator shall send a notice of the date and
location of the meeting to all Authority Board members, cooperatives and
interested parties, which include the telephone coalition, the North Carolina
Electric Membership Corporation, and members of the USDA, four weeks prior to
the meeting.
(c) Anyone with a matter to present to the Board shall
ensure the Authority receives all pertinent documents three weeks prior to the
meeting where the matter will be presented to the Board.
(d) A copy of public documents maintained by this office is
available to the general public at actual cost.
History Note: Authority G.S. 117-4; 117-5; 150B-19(5)b;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0108 NOTIFICATION OF MEETINGS
History Note: Authority G.S. 117-5;
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
04 NCAC 08 .0109 DUTIES OF THE ADMINISTRATOR
The Administrator is responsible for directing the staff of
the Authority and overseeing the functions of the office.
(1) The Administrator shall oversee the application of
the electric and telephone cooperatives rules and regulations to ensure they
are administered according to the manner in which they are written.
(2) The Administrator shall investigate and respond to
complaints such as requests for deposits, meter tampering disputes, boundary
issues, disputed bills and power surges from EMC members and shall request any
additional information from the cooperative needed by the Authority to respond
to the complaints.
(3) The Administrator may attend any annual meeting or
Board meeting of an individual electric or telephone cooperative.
(4) The Administrator shall review all Federal grant or
loan applications from electric and telephone cooperatives, request any
additional information needed for those applications, and present the grant and
loan requests to the Board for review and approval.
(5) The Administrator is responsible for reviewing
interconnection agreements and amendments between the TMCs and competing local
providers (CLPs) and commercial mobile radio service providers (CMRS) as
defined in 47 U.S.C 252 in accordance with Section 252(e) of the Act and
present those documents to the Board of the authority for approval.
(6) In situations where the Authority is requested to
arbitrate an interconnection agreement pursuant to Section 252(b)(1) of the Act
or pursuant to a valid contractual agreement between a TMC and another
telecommunications carrier, the Administrator is responsible for reviewing the
petitions for arbitration.
History Note: Authority G.S. 117-2(10); 117-2(11a);
117-2(12); 117-3.1(a); 117-26; 117-31; 117-32; 47 U.S.C 252;
Eff. February 1, 1976;
Amended Eff. May 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0110 CORRESPONDENCE AND COMMUNICATION
04 NCAC 08 .0111 BOARD PROCEEDINGS
04 NCAC 08 .0112 MEMBER VISITATION
History Note: Authority G.S. 117-2(12);
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
SECTION .0200 ‑ ELECTRIC MEMBERSHIP CORPORATIONS
04 NCAC 08 .0201 DEFINITIONS
For the purposes of this Section, the following definitions
apply:
(1) "Domestic corporation" means an electric
membership corporation granted privilege by the State of North Carolina under
Chapter 117 of the General Statutes to render its service to its members only
in the territory assigned to it by the Authority.
(2) "Domesticated corporation" means a foreign
electric membership corporation created under G.S. 117 in the State of North
Carolina to serve members within a defined area whose main charter is in
another state.
History Note: Authority G.S. 117-2; 117-9; 117-28;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0202 LOAN APPLICATIONS AND CATEGORIES
(a) All EMCs, both domestic and domesticated, shall
petition the Authority to apply for any funds in the form of grants or loans issued
from any agency of the United States Government for use in the State. The EMC
shall send all loan documents to the Administrator three weeks prior to the
Board meeting in accordance with Rule .0107 of this Chapter.
(b) Domesticated corporations shall include only the funds
for use in this State in its petition for the loan or grant.
(c) A checklist for Rural Utility Service (RUS) loans and
Rural Economic Development Loans and Grants (REDLG) may be found on the
Authority's website.
History Note: Authority G.S. 117-26; 117-28;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0203 LOAN CATEGORIES
04 NCAC 08 .0204 DOCUMENTS REQUIRED FOR LOAN
APPLICATIONS
04 NCAC 08 .0205 PRESENTATION OF DOCUMENTS
History Note: Authority G.S. 117-2(10); 117-2(11);
117-26;
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
04 NCAC 08 .0206 OPERATING RULES AND REGULATIONS
The EMCs shall provide the following information to the
Authority:
(1) A copy of the Financial and Statistical Report (RUS
Form 7) and Annual Supplement to Financial and Statistical Report (RUS Form 7a)
for periods ending December 31 and June 30 of each year. These forms can be
found on the USDA's website at http://www.rurdev.usda.gov/UEP_Support_DCS.html
and can be accessed free of charge.
(2) A copy of the EMC's current operating rules and
regulations. EMCs shall file copies of revised rules and regulations within 30
days of revision.
(3) A copy of the current EMC bylaws. Changes to the
bylaws must be filed within 30 days of the revision.
(4) A copy of the current EMC rate schedules. Changes
to the rate schedules must be filed within 30 days of the revision.
(5) An annual data sheet showing growth trends in miles
of line, facilities and consumers served.
(6) Each EMC is required to provide a current operating
budget report to the Authority at the time of a loan application.
History Note: Authority G.S. 117-2(12); 117-26;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0207 OPERATING RULES AND REGULATIONS
04 NCAC 08 .0208 BYLAWS
04 NCAC 08 .0209 RATE SCHEDULES
04 NCAC 08 .0210 COMPLAINTS
04 NCAC 08 .0211 DATA SHEETS FOR PROGRESS REPORTS
04 NCAC 08 .0212 OPERATING BUDGET
History Note: Authority G.S. 117-2(11); 117-2(12);
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
SECTION .0300 ‑ TELEPHONE MEMBERSHIP CORPORATIONS
04 NCAC 08 .0301 DEFINITIONS
For the purposes of this Section, the following definitions
apply:
(1) "Commercial Mobile Radio Service Provider
(CMRS)" means a carrier whose wireless network is connected to the public
switched telephone network.
(2) "Competing Local Provider (CLP)" means a
telephone company that competes with the already established local telephone
company by providing its own network and switching.
(3) "Domestic corporation" means a telephone
membership corporation (TMC) established in the State by G.S. 117 to render its
services to its members only in the territory assigned to it by the Authority.
(4) "Domesticated corporation" means a
foreign TMC created under G.S. 117 to serve members within a defined area in
the State whose main charter is in another state.
(5) "Interconnection Agreement" means the
negotiation of agreements and subsequent amendments between requesting telecommunications
carriers (such as CLPs or CMRS providers) and TMCs for interconnection services
or network elements pursuant to Section 251 of the Act.
(6) "Tariff" means a schedule of charges
imposed on members of the TMC by the TMCs.
History Note: Authority G.S. 117-2(12); 117-28; 47 CFR
20.3; 47 U.S.C. 251; 47 U.S.C. 252;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0302 LOAN APPLICATIONS
(a) All TMCs shall petition the Authority to apply for any
funds in the form of grants or loans issued from any agency of the United
States government for use in the State.
(b) The TMC shall send all loan documents to the
Administrator three weeks prior to the Board meeting in accordance with Rule
.0107 of this Chapter.
History Note: Authority G.S. 117-2(11);
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0303 LOAN CATEGORIES
History Note: Authority G.S. 117-2(11);
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
04 NCAC 08 .0304 LOAN APPLICATIONS and categories
A checklist for applications made pursuant to Rule .0302 of
this Section for Rural Utility Service (RUS) loans and Rural Economic
Development Loans and Grants (REDLG) may be found on the Authority's website.
History Note: Authority G.S. 117-32;
Eff. February 1, 1976;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015;
Amended Eff. November 1, 2015.
04 NCAC 08 .0305 PRESENTATION OF DOCUMENTS
History Note: Authority G.S. 117-2(11);
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
04 NCAC 08 .0306 required disclosures
The TMCs shall provide the following information to the
Authority:
(1) A copy of the Financial and Statistical Report for
Telephone Borrowers (RUS Form 479), the Annual Supplement to the December 31
Financial and Statistical Report (RUS Form 479a) and Employment Data (RUS Form
15). These forms can be found on the USDA's website at http://www.rurdev.usda.gov/UEP_Support_DCS.html
and can be accessed at no charge. This information shall be provided to the
Authority by December 31st and June 30th of each year and
is used when reviewing loan and grant requests.
(2) A copy of the current TMC bylaws. Changes to the
bylaws must be filed within 30 days of the revision.
(3) A copy of the current TMC tariffs. Changes to the
tariffs must be filed within 30 days of the revision.
(4) Each TMC shall provide all negotiated
interconnection agreements and their amendments to the Authority for review and
approval in accordance with 47 U.S.C. 252.
History Note: Authority G.S. 117-2(11); 117-31; 47
U.S.C. 252;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0307 OPERATING RULES AND REGULATIONS
04 NCAC 08 .0308 BYLAWS
04 NCAC 08 .0309 TARIFFS
04 NCAC 08 .0310 COMPLAINTS
04 NCAC 08 .0311 DATA SHEETS FOR PROGRESS REPORTS
04 NCAC 08 .0312 OPERATING BUDGET
History Note: Authority G.S. 117-2(11); 117-2(12);
Eff. February 1, 1976;
Repealed Eff. March 1, 2014.
04 NCAC 08 .0313 ARBITRATION POLICIES
The Authority shall arbitrate any interconnection disputes
between a TMC and other telecommunications carriers as described in Section 252
of the 1996 Telecommunications Act ("the Act"). This Rule sets forth
the procedures for that process.
(1) When the Authority is requested to arbitrate an
interconnection agreement pursuant to Section 252(b)(1) of the Act or pursuant
to a valid contractual agreement between a North Carolina cooperative and
another telecommunication carrier, the petitioning party shall provide the
Authority with the information required under Section 252(b)(2) of the Act and
the non-petitioning party shall have the opportunity to respond in the
timeframe set forth in Section 252(b)(3).
(2) The Authority shall send each party a list of
approved arbitrators. The parties shall have 15 days to review the list,
strike names they object to, rank the remaining names in the order of preference
and return the list to the Authority. The Authority shall then select the
arbitrator agreed to by the parties. If the parties do not agree on the
selection, the Authority shall select an arbitrator of its choosing from the
list.
(3) The parties seeking the arbitration shall be held
accountable for any financial obligations, and each shall be responsible for an
equal portion of the arbitrator fee, regardless of the outcome of the
recommendation submitted to the Authority. The fee shall be paid directly to
the arbitrator.
(4) At the request of any party, or at the discretion
of the arbitrator, the arbitrator may:
(a) schedule a preliminary hearing with the
parties or its representatives;
(b) direct the production of documents and other
information and the identification of any witnesses to be called at the
hearing; or
(c) order the parties to attend a formal
arbitration hearing.
(5) The parties shall respond to requests for hearing
dates by the deadline established by the Authority or the arbitrator, be
cooperative in scheduling the earliest practical hearing date, and adhere to
the established hearing schedule. The arbitrator shall send a notice of
hearing to the parties at least 20 calendar days in advance of the hearing
date, unless otherwise agreed to by the parties. At least five business days
prior to the arbitration hearing, the parties shall exchange copies of all
exhibits each party intends to submit at the hearing.
(6) The arbitrator shall conclude the resolution of any
unresolved issues no later than nine months following the date on which the
request for arbitration was originally received by the Authority.
(7) The petitioning party shall present evidence to
support its petition. The non-petitioning party shall then present evidence in
response. The arbitrator has the discretion to vary this procedure, but each
party shall have the right to be heard and be given an opportunity to present his
or her case.
(8) The arbitrator shall make a decision on the issues
presented for arbitration that contains applicable findings of fact and
conclusions of law and forward this recommended decision to the Authority.
(9) The Authority shall consider the decision of the
arbitrator to be a recommendation. The Authority shall make the final decision
in any arbitration hearing and may order additional written or oral testimony
from the parties in order to render the decision. The Authority may accept the
recommended decision from the arbitrator as its final decision, amend the
recommended decision, or reject the recommended decision and render its own
independent decision.
(10) In accordance with 47 U.S.C. 252, a resolution of
any unresolved issues shall be reached not later than nine months following the
date on which the request for arbitration was originally received by the
Authority.
History Note: Authority G.S. 117-31; 47 U.S.C. 252;
Eff. June 1, 2014.
SECTION .0400 ‑ PETITIONS: HEARINGS: TEMPORARY RULES:
DECLARATORY RULINGS: CONTESTED CASES
04 NCAC 08 .0401 PETITIONS FOR RULE-MAKING HEARINGS
(a) Any person wishing to submit a petition requesting the
adoption, amendment, or repeal of a rule by the Authority shall address the
petition to: Administrator, North Carolina Rural Electrification Authority,
4321 Mail Service Center, Raleigh, North Carolina 27699-4321.
(b) The petition shall contain the following information:
(1) a draft of the proposed rule;
(2) effect on the existing rules and practices;
(3) the name(s) and address(es) of
petitioner(s); and
(4) the date.
(c) The Authority shall determine within 120 days of
submission whether the public interest will be served by granting the request.
The Authority will consider all the contents of the submitted petition, plus
any additional information it deems relevant.
(d) If the decision is to deny the petition, the
Administrator shall notify the petitioner in writing, stating the reasons
therefor. If the decision is to grant the petition, the Authority shall
initiate a rule-making proceeding as required by G.S. 150B.
(e) Upon a determination to hold a rule-making proceeding,
either in response to a petition or otherwise, the Authority shall follow the
procedures in G.S. 150B.
History Note: Authority G.S. 117-2(12); 150B-20;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. May 23, 2015.
04 NCAC 08 .0402 RULE‑MAKING HEARINGS
History Note: Authority G.S. 117‑2(12);
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
04 NCAC 08 .0403 TEMPORARY RULES
History Note: Authority G.S. 117‑2(12);
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
04 NCAC 08 .0404 DECLARATORY RULINGS
(a) Any person aggrieved by a statute administered by a
rule of the Authority may request a declaratory ruling for the following
reasons:
(1) to determine the validity of a rule;
(2) to determine the applicability to a given
set of facts of a statute, rule or order administered by the agency; or
(3) to resolve a conflict or inconsistency
within the agency regarding interpretation of a law of rule adopted by the
agency.
(b) All requests for declaratory rulings shall be written
and mailed to: Administrator, North Carolina Rural Electrification Authority,
4321 Mail Service Center, Raleigh, North Carolina 27699-4321.
(c) All requests for a declaratory ruling must include the
following information:
(1) the name and address of petitioner;
(2) the statute, rule or order to which the
petition relates;
(3) the concise statement of the manner in
which petitioner is aggrieved by the statute, rule or order or its potential
application to him or her;
(4) a statement of whether an oral hearing is
desired, and if so the reasons for such an oral hearing; and
(5) the date.
(d) The Authority shall respond to a request for a
declaratory ruling as follows:
(1) within 30 days of receipt of the request
for a declaratory ruling, the Authority shall make a written decision to grant
or deny the request. If the Authority fails to make a written decision to
grant or deny the request within 30 days, the failure shall be deemed a
decision to deny the request.
(2) If the Authority denies the request, the
decision is immediately subject to judicial review in accordance with Article 4
of this Chapter.
(3) If the Authority grants the request, the
Authority shall issue a written ruling on the merits within 45 days of the
decision to grant the request. A declaratory ruling is subject to judicial
review in accordance with Article 4 of G.S. 150B.
(4) If the Authority fails to issue a
declaratory ruling within 45 days, the failure shall be deemed a denial on the
merits and the person aggrieved may seek judicial review pursuant to Article 4
of G.S. 150B. Upon review of the Authority's failure to issue a declaratory
ruling, the court shall not consider any basis for the denial that was not
presented in writing to the person aggrieved.
(e) The Board shall refuse to issue a declaratory ruling
under the following circumstances:
(1) when the Board has already made a
controlling decision on substantially similar facts in a contested case;
(2) when the facts underlying the request for a
ruling were specifically considered at the time of the adoption of the rule in
question; or
(3) when the subject matter of the request is
involved in pending litigation in North Carolina.
History Note: Authority G.S. 117-2(12); 150B-4;
Eff. February 1, 1976;
Amended Eff. March 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. May 23, 2015.
04 NCAC 08 .0405 CONTESTED CASES
History Note: Authority G.S. 117‑2(12);
Eff. February 1, 1976;
Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).
