The Governor’s EO 124, issued March 31, 2020, prohibits all end-user providers of residential electric, natural gas, water, and wastewater utilities services, including local government-owned and operated utilities, from disconnecting utility services to residential customers for the next 60 days. Utility providers are encouraged, but not required, to reconnect previously disconnected service to the extent practical.
The EO further prohibits these utility providers, effective immediately, from billing or collecting any fee, charge, penalty, or interest for a late or otherwise untimely payment that becomes due from the date of the EO (March 31, 2020). Utility providers must give customers the opportunity to make reasonable payments to pay off their balances over at least a 6-month period.
A utility provider must “reasonably inform [its] customers of the applicable provisions” in the EO and maintain reasonable records of such notifications.
According to the EO, the Governor is taking this action pursuant to the following provisions of the Emergency Management Act:
-G.S. 166A-19.10(b)(7): Governor is authorized to “utilize the services, equipment, supplies, and facilities of political subdivisions, and their officers and personnel are required to cooperate with an extend such services and facilities to the [Governor] upon request.”
-G.S. 166A-19.30(b)(3): Governor is authorized, with concurrence of Council of State, during gubernatorially or legislatively declared state of emergency to “regulate and control the flow of vehicular and pedestrian traffic, the congregation of persons in public places or buildings, lights and noises of all kinds, and the maintenance, extension, and operation of public utility and transportation services and facilities.”
-G.S. 166A-19.30(b)(4): Governor is authorized, with concurrence of Council of State, during gubernatorially or legislatively declared state of emergency to “waive a provision of any regulation or ordinance of a State agency or a political subdivision which restricts the immediate relief of human suffering.”
Governor’s EO 124 prohibits all end-user utilities services from disconnecting utility services for the next 60 days