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CITY OF NEW BERN v. CARTERET-CRAVEN ELEC.

No. 450PA01.

567 S.E.2d 131 (2002)

356 N.C. 123

CITY OF NEW BERN, a Municipal Corporation, v. CARTERET-CRAVEN ELECTRIC MEMBERSHIP CORPORATION.

Supreme Court of North Carolina.

August 16, 2002.

Attorney(s) appearing for the Case

Poyner & Spruill LLP, by Nancy B. Essex and Gregory S. Camp, Rocky Mount; and J. Phil Carlton, Pinetops for plaintiff-appellee.

Taylor & Taylor, by Nelson W. Taylor, III, Morehead City, for defendant-appellant.

Poyner & Spruill LLP, by Richard J. Rose, Rocky Mount, on behalf of ElectriCities of North Carolina, Inc., amicus curiae.

North Carolina Electric Membership Corporation, Raleigh, by Susan Barry, Associate General Counsel, and Robert B. Schwentker, General Counsel, amicus curiae.

Adams Kleemeier Hagan Hannah & Fouts, by R. Harper Heckman and Gregory T. Higgins, Greensboro, on behalf of Duke Energy Corporation, amicus curiae.

LAKE, Chief Justice.

The question presented for review in this case is whether a new building constructed by an electric customer remained part of an existing, adjoining "premises" requiring continued electric service from its original supplier, or whether such building became a "premises initially requiring electric service" under the terms of the Electric Territorial Assignment Act of 1965 (the "Electric Act"), and thus was eligible to receive electric service from...

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