A panel of the N.C. Court of Appeals has ruled, 2-1, that environmental activist group NC WARN violated the state’s utility monopoly when it installed and maintained a solar panel system for a Greensboro church, then charged the church based on the amount of electricity produced. The ruling upholds an earlier decision from the N.C. Utilities Commission.
Dissenting Judge Chris Dillon offered a simple explanation for his difference of opinion.
I conclude that NC WARN is not acting as a “public utility” because the solar panel system at issue is not serving “the public,” but rather is designed to generate power for a single customer (the “Church”) from the Church’s property. …
… I agree with the majority that NC WARN “owns and operates” “equipment” (a system of solar panels) which provides “electricity” “for compensation.” However, I disagree with the majority that the equipment at issue here is designed to produce electricity “for the public,” because the system of solar panels in this case is designed to produce electricity on the property of a single customer for that customer’s sole use.
