A corporation formed under this Article has broad power to do acts needed to carry out its purpose, and it may seek permission from the North Carolina Rural Electrification Authority for certain uses of State or local land.
Subject only to the Constitution of the State, a corporation created under the provisions of this Article shall have power to do any and all acts or things necessary or convenient for carrying out the purpose for which it was formed, including, but not limited to: (1)To sue and be sued. (2)To have a seal and alter the same at pleasure. (3)To acquire, hold and dispose of property, real and personal, tangible and intangible, or interests therein, and to pay therefor in cash or on credit, and to secure and procure payment of all or any part of the purchase price thereof on such terms and conditions as the board shall determine. (4)To render service and to acquire, own, operate, maintain and improve a system or systems. (5)To pledge all or any part of its revenue or mortgage or otherwise encumber all or any part of its property for the purpose of securing the payment of the principal of and interest on any of its obligations. (6)The right to apply to the North Carolina Rural Electrification Authority for permission to construct or place any parts of its system or lines in and along any State highway or over any lands that are now, or may be, the property of this State, or any political subdivision thereof. In all questions involving the right-of-way, or the right of eminent domain, the rulings of the North Carolina Rural Electrification Authority are final. Notwithstanding the foregoing sentence and notwithstanding subdivision (7) of G.S. 117-2, electric membership corporations may, without necessity of the Authority’s rulings or participation, exercise the right of eminent domain for the purposes of constructing, operating and maintaining electric generating, transmission, distribution and related facilities, individually and solely in their own names, pursuant to the provisions of Chapter 40A of the General Statutes; provided, that notwithstanding G.S. 117-30, the foregoing grant of the power of eminent domain to electric membership corporations shall not apply to telephone membership corporations; and, provided further, that the grant of the power of eminent domain is supplementary to the power of eminent domain already devolved upon the Authority. (7)To accept gifts or grants of money, property, real or personal, from any person or federal agency, and to accept voluntary and uncompensated services. (8)To make any and all contracts necessary or convenient for the full exercise of the powers in this Article granted, including, but not limited to, contracts with any person or federal agency, for the purchase or sale of energy; for the management and conduct of the business of the corporation, including the regulation of the rates, fees or charges for service rendered by the corporation. (9)To sell, lease, mortgage or otherwise encumber or dispose of all or any part of its property, as hereinafter provided. (10)To contract debts, borrow money, and to issue or assume the payment of bonds. (11)To fix, maintain and collect fees, rents, tolls and other charges for service rendered. (12)To perform any and all of the foregoing acts and to do any and all of the foregoing things under, through or by means of its own officers, agents and employees, or by contracts with any person or federal agency. (13)To extend, construct, operate and maintain power lines into adjacent states. (14)As to electric membership corporations, to conduct the activities permitted by G.S. 117-18.1. History: History.1935, c. 291, s. 13; 1941, c. 335; 1975, c. 141; 1999-180, s. 1; 2001-487, s. 38(f).