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2018 Georgia Code 46-4-160 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-4-160 Case Law from Google Scholar Amendments to OCGA 46-4-160

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 4. Distribution, Storage, and Sale of Gas, 46-4-1 through 46-4-166.

ARTICLE 5 NATURAL GAS COMPETITION AND DEREGULATION

46-4-160. Commission's authority over certificated marketers; access to records; investigations and hearings; price summary; billing; violations; slamming.

  1. With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to:
    1. Adopt reasonable rules and regulations governing the certification of a marketer;
    2. Grant, modify, impose conditions upon, or revoke a certificate;
    3. Adopt reasonable rules governing service quality. In promulgating consumer protection rules under this article, the commission shall, to the extent practicable, provide for rules with a self-executing mechanism to resolve such complaints in a timely manner. Such consumer protection rules shall encourage marketers to resolve complaints without recourse to the commission and shall expedite the handling of those complaints that do require action by the commission by providing for a minimum payment of $100.00 to the consumer, plus penalties and fines as determined by the commission, for violations of such rules;
    4. Resolve complaints against a marketer regarding that marketer's service;
    5. Adopt reasonable rules and regulations relating to billing practices of marketers and information required on customers' bills. The commission shall require at a minimum that bills specify the gas consumption amount, price per therm, distribution charges, and any service charges. The commission shall prescribe performance standards for marketer billing relating to accuracy and timeliness of customer bills;
    6. Adopt reasonable rules and regulations relating to minimum resources which marketers are required to have in this state for customer service purposes. The rules and regulations shall require a marketer to have and maintain the ability to process cash payments from customers in this state. The rules and regulations shall provide procedures relating to the handling and disposition of customer complaints; and
    7. Adopt reasonable rules and regulations requiring marketers to provide notification to retail customers of or include with customer bills information relating to where customers may obtain pricing information relative to gas marketers.
  2. Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales.
  3. Except as otherwise provided by this article, the price at which a marketer sells gas shall not be regulated by the commission.
  4. The commission shall have access to the books and records of marketers as may be necessary to ensure compliance with the provisions of this article and with the commission's rules and regulations promulgated under this article.
  5. Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject the person to the jurisdiction of the commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title.
  6. The provisions of Article 3 of Chapter 2 of this title shall apply to an investigation or hearing regarding a marketer. The provisions of Articles 4 and 5 of Chapter 2 of this title shall apply to a marketer.
  7. The commission, subject to receiving state funds for such purpose, is required to have published at least quarterly in newspapers throughout the state a summary of the price per therm and any other amounts charged to retail customers by each marketer operating in this state and any additional information which the commission deems appropriate to assist customers in making decisions regarding choice of a marketer. In addition, the commission shall make such information available to Georgia Public Telecommunications (GPTV) under the jurisdiction of the Georgia Public Telecommunications Commission which will provide such information to the general public at a designated time at least once a month.
  8. A marketer shall render a bill to retail customers for services within 30 days of the date following the monthly meter reading. A marketer's bill shall utilize the results of the actual meter reading subject to paragraph (8) of Code Section 46-4-158.2. The price for natural gas billed to a natural gas consumer shall not exceed the marketer's published price effective at the beginning of the consumer's billing cycle. A marketer shall allow the natural gas consumer a reasonable period of time to pay the bill from the date the consumer receives the bill, prior to the application of any late fees or penalties. Marketers shall not impose unreasonable late fees or penalties and in no event shall any such fees or penalties exceed $10.00 or 1.5 percent of the past due balance, whichever is greater.
  9. Any marketer which willfully violates any provision of this Code section or any duly promulgated rules or regulations issued under this Code section, including but not limited to rules relating to false billing, or which fails, neglects, or refuses to comply with any order of the commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91.
  10. As used in this subsection, the phrase "terms and conditions" does not include price. At least 30 days prior to the effective date of any changes in the terms and conditions for service authorized by the marketer's certificate of authority, a marketer shall file such changes with the commission. Such changes to the terms and conditions of service shall go into effect on the effective date proposed by the marketer; provided, however, that the commission shall be authorized to suspend the effective date of the proposed changes for up to 90 days if it appears to the commission that the proposed terms and conditions are unconscionable or are unfair, deceptive, misleading, or confusing to consumers. If the commission does not issue a final decision on the proposed terms and conditions of service within the 90 day suspension period, the proposed changes shall be deemed approved.
  11. Any consumer determined by the commission to be the victim of slamming shall be able to switch back to his or her desired marketer without any charge. No marketer responsible for slamming a consumer shall be entitled to any remuneration for services provided to that customer, and any refund owed to such a consumer by the marketer who switched the consumer without his or her consent shall be paid within 30 days of the date the commission determined the consumer was a victim of slamming. No marketer responsible for slamming a consumer who is determined to be a victim of slamming shall report to a credit reporting agency any moneys owed by such a consumer to such marketer; any marketer who violates the prohibition set out in this sentence shall be required by the commission to pay such a consumer $1,000.00 for each such prohibited report.

(Code 1981, §46-4-160, enacted by Ga. L. 1997, p. 798, § 4; Ga. L. 2001, p. 1084, § 3; Ga. L. 2001, p. 1206, § 3; Ga. L. 2002, p. 475, § 16; Ga. L. 2015, p. 1088, § 40/SB 148.)

The 2002 amendment, effective April 25, 2002, added the last two sentences in paragraph (a)(3); substituted the present provisions of subsection (c) for the former provisions which read: "A marketer shall not refuse to sell gas to a potential firm retail customer within the territory covered by the marketer's certificate of authority if the sale can be made by the marketer pursuant to the rules for service authorized by the marketer's certificate of authority and upon terms that will provide the marketer with just and adequate compensation. The price at which a marketer sells gas shall not be fixed by the commission."; deleted former subsection (g) which read: "The provisions of Part 2 of Article 15 of Chapter 1 of Title 10, the 'Fair Business Practices Act of 1975,' shall apply to a marketer."; redesignated former subsections (h) through (j) as present subsections (g) through (i), respectively; in subsection (h), deleted "actual" preceding "monthly" in the first sentence, deleted the former second sentence which read: "A 15 day grace period is permitted prior to the application of any penalty.", and added the last four sentences; inserted ", including but not limited to rules relating to false billing," in subsection (i); and added subsections (j) and (k).

The 2015 amendment, effective July 1, 2015, deleted "and the consumers' utility counsel division of the Governor's Office of Consumer Affairs" following "The commission" near the beginning of subsection (d).

Editor's notes.

- Ga. L. 2002, p. 475, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Natural Gas Consumers' Relief Act.'"

Administrative Rules and Regulations.

- Natural Gas Marketers' Terms of Service, Official Compilation of Rules and Regulations of State of Georgia Public Service Commission, Gas Utilities, Chapter 515-7-9.

Law reviews.

- For note on the 2001 amendment to O.C.G.A. § 46-4-160, see 18 Ga. St. U.L. Rev. 277 (2001).

JUDICIAL DECISIONS

Right to set retail natural gas prices.

- By statute and regulations, a certified gas marketer has the right to set retail natural gas prices in Georgia; however, a marketer, by its contracts, may voluntarily limit or surrender such rights to set rates under O.C.G.A. § 46-4-160, even if the Georgia Public Service Commission lacks such power. Scana Energy Mktg., Inc. v. Cobb Energy Mgmt. Corp., 259 Ga. App. 216, 576 S.E.2d 548 (2002).

Cited in Ellison v. Southstar Energy Servs., LLC, 298 Ga. App. 170, 679 S.E.2d 750 (2009).

Cases Citing O.C.G.A. § 46-4-160

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Anthony v. Am. Gen. Fin. Servs., Inc., 697 S.E.2d 166 (Ga. 2010).

Cited 62 times | Published | Supreme Court of Georgia | Jun 28, 2010 | 287 Ga. 448, 2010 Fulton County D. Rep. 2051

...ement known by the notary to be false, or performs an act with the intent to deceive or defraud, is guilty of a misdemeanor. See OCGA § 45-17-20(a). [5] And the notary statute does not contain an express private cause of action. Compare, e.g., OCGA § 46-4-160.5 (creating a private cause of action for retail consumers damaged by certain violations of the Natural Gas Competition and Deregulation Act)....
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Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010).

Cited 24 times | Published | Supreme Court of Georgia | Mar 15, 2010 | 286 Ga. 709, 2010 Fulton County D. Rep. 712

...Construed in favor of Appellees, the complaint alleges that Appellant intentionally and deceptively overcharged certain existing customers as to both customer service charges and the price for natural gas. Appellees claim that Appellant's acts violated various sections of the Natural Gas Act, including OCGA § 46-4-160(h) (price for natural gas billed shall not exceed marketer's published price), and § 46-4-160.2(a) (requiring credit or refund for billing error resulting in overpayment)....
...arketers. OCGA § 46-4-151(b)(9)(E, F). Moreover, the amendment expressly granted to consumers the right to bring a civil action for certain violations of the Act. Any retail customer who is damaged by a marketer's violation of any provision of Code Section 46-4-160, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to recover actual damages sustained by the retail customer, as well as incidental damages, consequential damages, reasonable attorney's fees, and court costs. OCGA § 46-4-160.5(a). This private right of action also applies to violations of several other sections of the Natural Gas Act, including OCGA § 46-4-160.2. OCGA § 46-4-160.5(c). Under OCGA § 46-4-160.2(a), billing errors or mistakes reported to a natural gas marketer must be corrected, and if not, "the burden of proof shall be on the marketer to show why the bill is correct." Moreover, if the billing error results in an overpayment by a customer, the marketer must provide the customer with either an account credit or a refund. OCGA § 46-4-160.2(a)(1), (2). Here, Appellees brought their action pursuant to OCGA § 46-4-160.5, asserting, as noted above, violations of OCGA § 46-4-160(h) and OCGA § 46-4-160.2....
...ve intent. (Cit.)' [Cit.]" Garden Hills Civic Assn. v. MARTA, 273 Ga. 280, 284(5), 539 S.E.2d 811 (2000). Because there is no contrary legislative intent, and instead the clear purpose of the Natural Gas Act is to protect natural gas consumers, OCGA § 46-4-160.5, which specifically authorizes a private right of action for damages, must prevail over the general statute setting forth the voluntary payment doctrine....
...between the private right of action provided to consumers by the Natural Gas Act and the voluntary payment doctrine. The argument is disingenuous since the very premise of Appellant's motion to dismiss is based on the inherent conflict between OCGA § 46-4-160.5, which authorizes the Appellees' action for damages, and OCGA § 13-1-13, which, if applicable, would bar it....
...In finding no conflict between the voluntary payment doctrine and the Natural Gas Act's right of private action, the district court reasoned that the plaintiffs "could have refused to pay the allegedly improper charges and then brought suit under OCGA § 46-4-160.5 for damages they suffered as a result." Robbins v....
...SCANA Energy Marketing, Case No. 1:08-CV-640-BBM, 2008 WL 7724171, 2008 U.S. Dist. LEXIS 108917 (N.D. Ga. June 13, 2008). However, there is no such requirement of refusal set forth in the Natural Gas Act as a prerequisite to bringing an action under OCGA § 46-4-160.5....
...cient to warrant a grant of the relief sought, and the Court of Appeals therefore did not err in reversing the trial court's dismissal of the complaint. 2. The complaint in this case also asserts common law claims not specifically authorized by OCGA § 46-4-160.5, including claims for unjust enrichment and breach of a statutory duty....