February 20, 1997
Mr. Samuel H. Fritschner Hendersonville City Attorney Whitmire and Fritschner Post Office Box 928 Hendersonville, North Carolina 28793
Re: Advisory Opinion; N.C.G.S. § 132-6. Access to account (billing) records of customers of public utilities.
Dear Mr. Fritschner:
You have asked for an opinion on whether the billing records of public utility customers are public records pursuant to the North Carolina Public Records Law.
Specifically, you asked if the account records of municipal water and sewer services are "open records" subject to inspection and examination. You also asked if the answer to the previous question is the same regardless of whether the records requested to be inspected pertain to the individual [making the request] or other customers.
Public records are documentary materials that are either made or received by government agencies in North Carolina in carrying on public business. N.C.G.S. § 132-1. Every custodian of public records shall permit any record in the custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision by any person. N.C.G.S. 132-6(a). The billing records of municipal water and sewer services (and other public utilities) are records made and received by government agencies and are therefore, public records. Absent a specific statutory exemption, these public records must be made available for public inspection pursuant to the Public Records Law.
A 1973 Attorney General Opinion found that municipal records and papers, such as budgets, bank statements, tax levies, utility accounts, minutes of meetings etc. were public records as contemplated by the statute. 43 A.G. Op. 274 (1973). We know of no statutory exemption which changes the validity of this opinion. We are also aware of no statutory provision which would distinguish between requests to see an individual’s own records and those of other utility customers.
We hope that this fully answers your request. Should you have further questions regarding this issue, please do not hesitate to contact this office.
T. Brooks Skinner, Jr. Associate Attorney General
Wanda G. Bryant
Senior Deputy Attorney General