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2018 Georgia Code 46-3-2 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-2 Case Law from Google Scholar Amendments to OCGA 46-3-2

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 1 GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY

46-3-2. Legislative findings and declaration of policy.

The public interest requires, and it is declared to be the policy of the State of Georgia, that, in order (1) to assure the most efficient, economical, and orderly rendering of retail electric service within the state, (2) to inhibit duplication of the lines of electric suppliers, (3) to foster the extension and location of electric supplier lines in the manner most compatible with the preservation and enhancement of the state's physical environment, and (4) to protect and conserve lines lawfully constructed by electric suppliers, it is necessary and appropriate that the state establish and implement a plan whereby every geographic area within the state shall be either assigned to an electric supplier or declared unassigned as to any electric supplier; that, to accomplish such a plan, it is necessary that all electric suppliers within the state be subject to this part; that the commission be delegated power, authority, and jurisdiction with respect to such plan; and that all electric membership corporations and all municipalities which furnish retail electric service be additionally subject to regulation by the commission in the same manner as provided for regulation of electric light and power companies, except as to the fixing of their rates, charges, and service rules and regulations, it being determined by the General Assembly that such electric membership corporations and municipalities, which by their corporate nature are wholly or substantially controlled by their consumers, should for regulatory purposes be classified differently in certain respects from electric light and power companies.

(Ga. L. 1973, p. 200, § 2.)

JUDICIAL DECISIONS

Purposes of chapter appropriate.

- Purposes of this part of Ga. L. 1973, p. 200 (see O.C.G.A. Ch. 3, T. 46) enumerated in Ga. L. 1973, p. 200, § 2 (see O.C.G.A.46-3-2) are appropriate and are put into effect completely and thoroughly by other provisions of this part. City of Calhoun v. North Ga. Elec. Membership Corp., 233 Ga. 759, 213 S.E.2d 596 (1975).

Cited in Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986); Marietta Bd. of Lights & Water v. Georgia Pub. Serv. Comm'n, 182 Ga. App. 702, 356 S.E.2d 737 (1987); Colquitt Elec. Membership Corp. v. City of Moultrie, 197 Ga. App. 794, 399 S.E.2d 497 (1990); Jackson Elec. Mbrshp. Corp. v. Ga. PSC, 294 Ga. App. 253, 668 S.E.2d 867 (2008); City of LaGrange v. Ga. PSC, 296 Ga. App. 615, 675 S.E.2d 525 (2009).

RESEARCH REFERENCES

ALR.

- Grant of perpetual franchise to public service corporation, 2 A.L.R. 1105.

Cases Citing O.C.G.A. § 46-3-2

Total Results: 3  |  Sort by: Relevance  |  Newest First

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Sawnee Elec. Membership Corp. v. Georgia Pub. Serv. Comm'n, 544 S.E.2d 158 (Ga. 2001).

Cited 38 times | Published | Supreme Court of Georgia | Mar 19, 2001 | 273 Ga. 702, 2001 Fulton County D. Rep. 937

...through meter? See OCGA § 46-3-8(a); City of Norcross v. *160 Georgia Power Co., 197 Ga.App. 891, 399 S.E.2d 725 (1990). The territorial act establishes a plan whereby every geographic area within the state is assigned to an electric supplier. OCGA § 46-3-2....
...ter the extension and location of electric supplier lines in the manner most compatible with the preservation and enhancement of the state's physical environment, and (4) to protect and conserve lines lawfully constructed by electric suppliers. OCGA § 46-3-2....
...ourt recognized that the legislature "is free to restrict competition among public utilities where ... such competition may be injurious to existing public service." In that regard, we interpreted the statement of legislative intent embodied in OCGA § 46-3-2 *161 as follows: "the assignment of service areas under the Act restrains competition, the restraint is for the benefit of the public in minimization of duplication of facilities and prevention of their adverse economic and environmental effects." Id....
...After reviewing the evidence adduced before the hearing officer and entertaining oral argument in the course of a full commission review of this issue, the PSC held that because the GTESA is intended to regulate the provision of electric service by the many electric power suppliers within the State, OCGA § 46-3-2, the definition which best comports with the Act as a whole is that "one consumer" means the entity which has the direct relationship with the electric supplier....
...er rates available under the large-load exception. The PSC has acted in a manner which best promotes the GTESA's legislative goal of "assur[ing] the most efficient, economical, and orderly rendering of retail electric service within the state." OCGA § 46-3-2....
...tion, gives no deference to the expertise the PSC has gained by virtue of its regulatory and administrative duties over the electric power industry, promotes adverse consequences and undermines the legislative goals of the GTESA as set forth in OCGA § 46-3-2....
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Athens-Clarke Cnty. v. Walton Elec. Membership Corp., 265 Ga. 229 (Ga. 1995).

Cited 12 times | Published | Supreme Court of Georgia | Mar 13, 1995 | 454 S.E.2d 510, 95 Fulton County D. Rep. 914

...We therefore conclude that the unified government is authorized pursuant to OCGA § 46-3-14 (b) to assess franchise fees against the EMC. The Court of Appeals opined that the unified government’s authority under its charter to grant franchises and to prescribe conditions therefor conflicts with OCGA § 46-3-201 (b) (10), a provision of the general law contained in the Georgia Electric Membership Corporation Act....
...Id. That being so, the holding of the Court of Appeals that an agreement would be necessary is incorrect. Judgment reversed. All the Justices concur. Through the Act, the State implemented a plan whereby every geographic area within the State was either assigned to an electric supplier or declared unassigned. OCGA § 46-3-2....
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Rabun Cnty. v. Georgia Transmission Corp., 575 S.E.2d 474 (Ga. 2003).

Cited 5 times | Published | Supreme Court of Georgia | Jan 13, 2003 | 276 Ga. 81, 2003 Fulton County D. Rep. 140

...nd is a nonprofit electric membership corporation, organized and incorporated pursuant to OCGA § 46-3-170. GTC is comprised of 39 affiliated electric membership corporations and is authorized to exercise the power of eminent domain pursuant to OCGA § 46-3-201(b)(9)....
...stricts only the construction or installation of high voltage transmission lines within Rabun County for three years. But examination of the ordinance belies this contention. Certainly, GTC is empowered to exercise eminent domain as provided in OGGA § 46-3-201(b)(9)....
...corporation, while vested with the power of eminent domain, is authorized to acquire by condemnation interests in realty only when such interests are "necessary and appropriate to effectuate the purposes" of the electric membership corporation. OCGA § 46-3-201(b)(9)....
...It is certainly the case that the General Assembly has determined that "electric membership corporations ... which by their corporate nature are wholly or substantially controlled by their consumers, should for regulatory purposes be classified differently in certain aspects from electric light and power companies." OCGA § 46-3-2....
...inent domain may be exercised." OCGA § 22-1-3. And the legislature has unquestionably delegated to and vested electric membership corporations with the power of eminent domain to effectuate the purpose of furnishing electric power and service. OCGA § 46-3-201(b)(9)....
...NOTES [1] Route "D" will traverse lands of the United States Forest Service, and GTC is attempting to obtain the necessary permitting. GTC represents that in the event the permitting is denied, it will select an alternate route within Rabun County for construction of the power line. [2] OCGA § 46-3-201(b)(9) states: (b) Subject to any limitations provided in this article or in any other law, and consistent with the purposes set forth in this article, each electric membership corporation shall have power: ......