4 N.C. Admin. Code 11R06-61
No natural gas utility under the jurisdiction of the Commission shall construct or operate a natural gas pipeline facility outside its designated territory to which the utility has exclusive franchise rights or to be connected to an interstate pipeline, including looping of present facilities, from an interstate supplier without having first applied in writing to, and obtained the written approval of the Commission. Such application shall clearly show that the construction proposed is economically and financially feasible, and will not be wastefully duplicative of existing or proposed construction by any other supplier of natural gas in the State, will not constitute an unfair burden upon applicant's customers in the State, and is in the public interest generally.
If the proposed pipeline facility is within a company's designated territory to which the company has exclusive franchise rights and is to a community for initial service, the natural gas utility shall notify the Commission in writing before entering upon construction or operation of the facility.
04 N.C. Admin. Code 11 R06-61