Under North Carolina's 1997 Public Records Law, could a person inspect another customer's municipal water and sewer billing records?

Plain-English summary

Hendersonville's city attorney asked whether a person could inspect municipal water and sewer customer account records, including another customer's records. In February 1997, the Attorney General's office concluded that those billing records were public records under G.S. §§ 132-1 and 132-6, absent a specific statutory exemption. The opinion said it knew of no exemption then and no provision distinguishing a customer's own request from a third-party request.

The reasoning was that municipal utilities are government agencies and their billing records are made and received in the course of public business. The opinion cited a 1973 Attorney General opinion that had likewise treated municipal utility accounts as public records. Its statement about the absence of an exemption describes the law it considered in 1997; it is not a finding about today's statute.

Currency note

This opinion was issued in 1997. Later changes to the Public Records Law may restrict access to customer billing information. Check the current statute and applicable exemptions for a present request.

Common questions

Did the 1997 opinion distinguish my own bill from another customer's bill?

No. It said the statutes then considered did not distinguish between requests for one's own utility records and requests for another customer's records.

Can I rely on that conclusion for a request today?

Check current North Carolina law first. The opinion reported that it knew of no applicable exemption in 1997; it did not evaluate later amendments.

Did the opinion address privately operated utilities?

No. Its reasoning concerns records made or received by a government agency operating a public utility.

Source

• Stored landing-page URL, not yet verified for this opinion: https://ncdoj.gov/opinions/stacey-britt-district-fire-tax-election/. Its slug names a district fire-tax election rather than municipal utility billing. See BLOCKED-nc-1997-02-20-utility-source-url-2026-10-15.md.

Citations

• N.C. Gen. Stat. § 132-1
• N.C. Gen. Stat. § 132-6
• N.C. Gen. Stat. § 132-6(a)
• 43 A.G. Op. 274 (1973)

Original opinion text

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