News Column

North Carolina Department of Utilities Commission Issues Order Requiring Publication of Notice for Haley Barnes Investments, Inc.

July 28, 2014



RALEIGH, N.C., July 28 -- The North Carolina Utilities Commission issued the following order:

In the Matter of Application of Haley Barnes Investments, Inc., for a Certificate of Public Convenience and Necessity to Construct a 4.99-MW Solar Facility in Columbus County, North Carolina

BY THE COMMISSION: On July 21, 2014, Haley Barnes Investments, Inc. (Applicant), filed an application seeking a certificate of public convenience and necessity pursuant to G.S. 62-110.1(a) for construction of a 4.99-MW solar photovoltaic electric generating facility to be located at 1573 Merritt Road in Whiteville, Columbus County, North Carolina. The Applicant plans to sell the electricity to Duke Energy Progress, Inc.

On the basis of this application, the Commission concludes that the Applicant should be required (1) to publish notice of the application in the manner required by G.S. 62-82(a) and file an affidavit of publication with the Commission and (2) to mail a copy of the application and notice, no later than the first date that such notice is published, to the electric utility to which the Applicant plans to sell and distribute the electricity and file a signed and verified certificate of service that the application and notice have been provided to the utility. The Chief Clerk of the Commission will deliver copies of the notice to the Clearinghouse Coordinator of the Office of Policy and Planning of the Departmentof Administration for distribution by the Coordinator to State agencies having an interest in the application.

If a complaint is received within ten days after the last date of the publication of the notice, the Commission will schedule a public hearing to determine whether a certificate should be awarded, will give reasonable notice of the time and place of the hearing to the Applicant and to each complaining party, and will require the Applicant to publish notice of the hearing in the newspaper in which the notice of the application was published. If no complaint is received within the time specified above, the Commission may, upon its own initiative, order and schedule a hearing to determine whether a certificate should be awarded. If the Commission orders a hearing upon its own initiative, it will require notice of the hearing to be published by the Applicant in the newspaper in which the notice of the application was published. If no complaint is received within the time specified and the Commission does not order a hearing upon its own initiative, the Commission will enter an order awarding the certificate.

The Commission cannot take any action until after the Applicant has filed both the affidavit of publication and the certificate of service. The Applicant is urged to file both the affidavit and the certificate promptly following the last date of publication of the notice.

IT IS, THEREFORE, ORDERED as follows:

1. That the Applicant shall publish the Public Notice, attached as Attachment A hereto, once each week for four successive weeks in the manner required by G.S. 62-82(a) and shall file an affidavit of publication with the Commission;

2. That the Applicant shall mail a copy of the application and notice, no later than the first date that such notice is published, to the electric utility to which the Applicant plans to sell and distribute the electricity and file a signed and verified certificate of service that the application and notice have been provided to the utility;

3. That the Chief Clerk of the Utilities Commission will deliver copies of the notice to the Clearinghouse Coordinator of the Office of Policy and Planning of the Departmentof Administration for distribution by the Coordinator to State agencies having an interest in the application;

4. That the Commission will proceed as it deems appropriate after the filing of the affidavit of publication and the certificate of service.

ISSUED BY ORDER OF THE COMMISSION.

This the _28th day of July, 2014.

NORTH CAROLINA UTILITIES COMMISSION

Gail L. Mount, Chief Clerk

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