Constitutionality.

- Ga. L. 1907, p. 72, § 5 (see O.C.G.A. § 46-2-21) is not void as in opposition to U.S. Const., Art. I, Sec. 9, Cl. 3 or Ga. Const. 1976, Art. I, Sec. I, Para. VII (Ga. Const. 1983, Art. I, Sec. I, Para. X), prohibiting passage of any ex post facto law, or U.S. Const., Art. I, Sec. 10, Cl. 1 or Ga. Const. 1976, Art. I, Sec. I, Para. VII (Ga. Const. 1983, Art. I, Sec. I, Para. X), prohibiting passage of laws impairing the obligation of contracts, or U.S. Const., Amend. 5 or Ga. Const. 1976, Art. I, Sec. III, Para. I (Ga. Const. 1983, Art. I, Sec. III, Para. I, II; Art. III, Sec. VI, Para. II), prohibiting the taking of property without due process of law, or Ga. Const. 1976, Art. VII, Sec. I, Para. I (Ga. Const. 1983, Art. VII, Sec. I, Para. I), declaring taxation a sovereign right. Union Dry Goods Co. v. Georgia Pub. Serv. Corp., 142 Ga. 841, 83 S.E. 946, 1916E L.R.A. 358 (1914), aff'd, 248 U.S. 372, 39 S. Ct. 117, 63 L. Ed. 309, 9 A.L.R. 1420 (1919).

Application of section generally.

- The provisions of former Civil Code 1910, § 2662 (see O.C.G.A § 46-2-21), which restrict the power of the commission in regard to contracts existing at the time of the passage of the Act embodied in this section, and contracts which might be made subsequently to that Act, apply alike to all of the several classes of companies specified. City of Atlanta v. Georgia Ry. & Power Co., 149 Ga. 411, 100 S.E. 442 (1919).

Municipal ordinances regulating public uses of telephone companies require commission's assent.

- Authority and control vested in Public Service Commission invalidates any municipal ordinance adopted since August 23, 1907, as to public uses of a telephone company unless the Public Service Commission shall assent thereto. Camden Tel. & Tel. Co. v. City of St. Marys, 247 Ga. 687, 279 S.E.2d 200 (1981).

Construction of term "corporation."

- Word "corporation" in former Code 1933, § 93-304 (see O.C.G.A § 46-2-21) did not refer to municipal corporations which own, lease, or operate electric light and power plants, but refers to what are ordinarily known as private corporations. Georgia Pub. Serv. Comm'n v. City of Albany, 180 Ga. 355, 179 S.E. 369 (1935).

Construction of term "public uses."

- Words "public uses" as employed in O.C.G.A. § 46-2-21 comprehend rates a telephone company may charge the public. Camden Tel. & Tel. Co. v. City of St. Marys, 247 Ga. 687, 279 S.E.2d 200 (1981).

Ordinance taxing percentage of telephone company revenues held not ordinance as to public use of utility.

- Ordinance imposing a tax upon percentage of revenues of a telephone company is not an ordinance as to public uses of the utility; the tax is a factor the Public Service Commission may take into account in setting rates to be charged by the utility, and, in that manner the consequences of the tax as to the public uses of the telephone system remain within the control of the Public Service Commission. Camden Tel. & Tel. Co. v. City of St. Marys, 247 Ga. 687, 279 S.E.2d 200 (1981).

Power of common carrier to make regulations must yield to state.

- Construing former Civil Code 1910, §§ 2662, 2630, 2729 and 2750 (see O.C.G.A. §§ 46-2-21,46-8-20,46-9-40 and46-9-131), it was evident that the power of a common carrier to make reasonable regulations must yield where regulations have been made by authority of the state, unless they were invalid. Railroad Comm'n v. Louisville & N.R.R., 140 Ga. 817, 80 S.E. 327, 1915E L.R.A. 902, 1915A Ann. Cas. 1018 (1913).

Contracts subject to subsequent rate schedules prescribed by commission.

- If a patron of a public service corporation, furnishing electrical power and light, sees fit to make a contract covering a definite period of time, where no rates have been prescribed by the commission, the patron will be taken to have done so subject to subsequent schedules of rates lawfully prescribed by the commission. Union Dry Goods Co. v. Georgia Pub. Serv. Corp., 142 Ga. 841, 83 S.E. 946, 1916E L.R.A. 358 (1914), aff'd, 248 U.S. 372, 39 S. Ct. 117, 63 L. Ed. 309, 9 A.L.R. 1420 (1919).

Utility has no authority to select customers or discriminate.

- A corporation organized to generate and supply hydroelectric power to the public, and having a monopoly of such power in former Code 1933, § 93-304 (see O.C.G.A § 46-2-21) where it operates, had no authority to select customers or discriminate against the members of a class it had elected to serve. Georgia Pub. Serv. Comm'n v. Georgia Power Co., 182 Ga. 706, 186 S.E. 839 (1936).

Maximum rates fixed by commission presumptively reasonable.

- Where the legislature confers upon the commission the power to fix maximum rates for service rendered to the public by individuals or corporations engaged in a public service, the maximum rates fixed by the commission are presumptively reasonable, and public service companies may demand such maximum rates. City of Dublin v. Ogburn, 142 Ga. 840, 83 S.E. 939 (1914); City of Atlanta v. Atlanta Gas-Light Co., 149 Ga. 405, 100 S.E. 439 (1919), overruled on other grounds, Georgia Power Co. v. Allied Chem. Corp., 233 Ga. 558, 212 S.E.2d 628 (1975).

Unreasonable, arbitrary, or confiscatory commission orders within court's scope.

- Courts should not interfere with valid order of Public Service Commission unless it is clearly shown that the order is unreasonable, arbitrary, or confiscatory; and courts have no power to substitute their judgment for that of the commission. Georgia Pub. Serv. Comm'n v. Georgia Power Co., 182 Ga. 709, 186 S.E. 839 (1936).

Administrative remedies must be exhausted before court may exercise jurisdiction.

- Where plaintiff fails to utilize the administrative remedies available (see O.C.G.A. Art. 3, Ch. 2, T. 46), a court lacks jurisdiction to determine the reasonableness of a public utility's rate structure. Norman v. United Cities Gas Co., 231 Ga. 788, 204 S.E.2d 127 (1974).

No certiorari merely because of commission rate changes.

- Certiorari did not lie to order by commission lowering or raising rates by virtue of former Civil Code 1910, § 2662 (see O.C.G.A. § 46-2-21). Mutual Light & Water Co. v. City of Brunswick, 158 Ga. 677, 124 S.E. 178 (1924).

Utility may require separate gas meters.

- Rule and regulation of gas company, approved by the Public Service Commission, requiring a separate gas meter to be installed for each housekeeping apartment, was not, under the allegations of the petition, arbitrary, unreasonable, or discriminatory. Carmichael v. Atlanta Gaslight Co., 185 Ga. 34, 193 S.E. 896 (1937).

Cited in Western & A.R.R. v. Western Union Tel. Co., 138 Ga. 420, 75 S.E. 471 (1912); Smith v. Whiddon, 138 Ga. 471, 75 S.E. 635 (1912); Mayor of Savannah v. Standard Fuel Supply Co., 140 Ga. 353, 78 S.E. 906 (1913); Georgia Ry. & Power Co. v. Railroad Comm'n, 149 Ga. 1, 98 S.E. 696 (1919); Georgia Power Co. v. City of Decatur, 170 Ga. 699, 154 S.E. 268 (1930); Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970).

Power of commission to regulate utility rates and practices.

- Public Service Commission has power to regulate rates and practices of public utilities. Gas Light Co. v. Georgia Power Co., 440 F.2d 1135 (5th Cir. 1971), cert. denied, 404 U.S. 1062, 92 S. Ct. 732, 30 L. Ed. 2d 750 (1972).

Public Service Commission is authorized to set rates to dictate consequences of charges imposed by municipality in connection with its franchise agreement with a public utility; that is, the Public Service Commission may determine whether or not the charge may be passed on to customers of the utility. Camden Tel. & Tel. Co. v. City of St. Marys, 247 Ga. 687, 279 S.E.2d 200 (1981).

Extent of authority over electric utilities.

- Under former Code 1933, § 93-304 (see O.C.G.A § 46-2-21) the Public Service Commission has authority over electric light and power companies, corporations, or persons owning, leasing, or operating public electric light and power plants furnishing service to the public whether foreign or domestic. Florida Blue Ridge Corp. v. Tennessee Elec. Power Co., 106 F.2d 913 (5th Cir. 1939), cert. denied, 309 U.S. 666, 60 S. Ct. 591, 84 L. Ed. 1013 (1940).

Powers of commission.

- That part of the proviso of former Civil Code 1910, § 2662 (see O.C.G.A § 46-2-21) which declared that this Act shall not impair nor invalidate any future contract or ordinance of any municipality which has received the assent of the commission, does not deprive the commission of power, after assenting to a contract or ordinance of the character mentioned in such provision, to revise or make new rates, where future conditions render the rates specified in the contract or ordinance unreasonable and unjust to the companies or to the public. City of Atlanta v. Georgia Ry. & Power Co., 149 Ga. 411, 100 S.E. 442 (1919).

The Public Service Commission has power to fix just and reasonable gas rates to be paid by the consumers to the corporation owning or operating public gas plants. City of Atlanta v. Atlanta Gas-Light Co., 149 Ga. 405, 100 S.E. 439 (1919), overruled on other grounds, Georgia Power Co. v. Allied Chem. Corp., 233 Ga. 558, 212 S.E.2d 628 (1975).

Power to fix different rates for classes of customers.

- Since the Public Service Commission has by statute authority to fix just and reasonable gas rates to be paid by consumers, it has the power to make classifications which are reasonable, and to fix a different rate for each class of consumers; and where such rates are attacked in the courts, there is a presumption that they are valid, and the burden is on the attacking party to show that the same are invalid in that they are unjust, unreasonable, or discriminatory. Carmichael v. Atlanta Gaslight Co., 185 Ga. 34, 193 S.E. 896 (1937).

Power to fix telephone rates.

- The commission has the right to fix the rates to be charged by telephone companies for the use of their telephones in sending and receiving messages within the state. City of Dawson v. Dawson Tel. Co., 137 Ga. 62, 72 S.E. 508 (1911).

Power to fix street railway fares.

- In the absence of a valid subsisting contract and ordinance upon the subject of fares, it is the duty of the commission, upon application by a street-railroad company, to fix and determine the rates of fare upon the lines of the street-railroad in the city, in accordance with the law defining the powers and duties of the commission. Georgia Ry. & Power Co. v. Railroad Comm'n, 149 Ga. 1, 98 S.E. 696, 5 A.L.R. 1 (1919).

Exception to authority to fix street railway fares.

- The Public Service Commission is without authority to fix fares upon street railway lines where there is a valid, subsisting contract. Georgia Ry. & Power Co. v. Railroad Comm'n, 149 Ga. 1, 98 S.E. 696, 5 A.L.R. 1 (1919).

Requiring extension of power lines beyond utility's commitment unconstitutional.

- Requiring extension of existing power lines beyond scope of carrier's commitment to public service is unconstitutional taking of property. Georgia Pub. Serv. Comm'n v. Georgia Power Co., 182 Ga. 706, 186 S.E. 839 (1936).

Factors to be considered in determining public utility status.

- Whether a business operation renders such "service to the public" as to become a public utility is controlled by the facts of each particular case and the question depends on such factors as the extent of the service, whether the operation holds itself out as ready to serve the public generally - at least within a certain area - and whether in other ways it has conducted itself as a public utility. 1969 Op. Att'y Gen. No. 69-27.

In determining whether a business renders such public service as to qualify as a public utility, it is necessary to examine such factors as the extent of the service, whether the operation holds itself out as ready to serve the public generally, and whether in other ways the business has conducted itself as a public utility. 1972 Op. Att'y Gen. No. 72-84.

Limitations on commission's jurisdiction.

- Jurisdiction of Public Service Commission is restricted to those electric and gas companies which serve the public under former Code 1933, §§ 93-304 and 93-307 (see O.C.G.A §§ 46-2-20 and46-2-21). 1972 Op. Att'y Gen. No. 72-84.

Jurisdiction over proposed fare increases.

- Public Service Commission has jurisdiction over proposed increase in fares, even though the city in which the transit company operates has already provisionally assented thereto. 1950-51 Op. Att'y Gen. p. 205.

No jurisdiction over rates charged by trailer park owner.

- Public Service Commission does not have jurisdiction over rates charged by trailer park owner to tenants occupying space in the owner's trailer park. 1969 Op. Att'y Gen. No. 69-27.

No jurisdiction over sale of utilities to tenants by landlord.

- The sale of water or electric energy to one's tenants, whether they be tenants of one's houses, office buildings or otherwise, is not service to the public as to require compliance with the laws on public utilities. 1969 Op. Att'y Gen. No. 69-27.

No jurisdiction over corporation furnishing energy to three other corporations.

- A corporation which furnishes electricity and steam to a total of three other corporations which are engaged in general manufacturing operations does not serve a substantial segment of the public, and hence, is not engaged in "service to the public". 1972 Op. Att'y Gen. No. 72-84.

Regulation of cellular radio telecommunication services.

- The Georgia Public Service Commission does not have jurisdiction to regulate cellular radio telecommunication services where the company providing the service operates as a radio utility, but may have jurisdiction to regulate cellular radio telecommunication services where the company providing the service operates as a telephone utility. 1983 Op. Att'y Gen. No. 83-65.

Cellular communications service is not a telephone service and, as such, not subject to regulation by the Georgia Public Service Commission. 1994 Op. Att'y Gen. No. 94-7.

Phasing cost of generating plant into ratebase of Georgia Power Company.

- The Georgia Public Service Commission may phase the cost of Plant Vogtle into the ratebase of Georgia Power Company prior to the commercial operation of the plant; the Georgia Public Service Commission has authority to phase the cost of Plant Vogtle into the ratebase of Georgia Power Company after the commercial operation of the plant if the phase-in meets certain legal requirements; but either ratemaking treatment should follow threshold regulatory principles. 1985 Op. Att'y Gen. No. U85-2.

Jurisdiction over master-metered customers.

- The Public Service Commission has no jurisdiction over master-metered customers so long as the activities of said customers do not constitute furnishing service to the public. 1985 Op. Att'y Gen. No. 85-39.

ALR.

- Carrying freight on electric railway in street or highway as an additional servitude, 2 A.L.R. 1404; 46 A.L.R. 1472.

Power of Public Service Commission with respect to regulation of street railways, 5 A.L.R. 36; 39 A.L.R. 1517.

Jurisdiction of Public Service Commission over carriers transporting by motor trucks or busses, 9 A.L.R. 1011; 51 A.L.R. 820; 103 A.L.R. 268.

What telephone companies are within public utilities acts, 21 A.L.R. 1162; 132 A.L.R. 1495.

Power to require railroads or street railways to permit use of tracks in street by other companies, 28 A.L.R. 969.

Power of Public Service Commission to require railroad or street railway to extend its line or build new line to new territory, 30 A.L.R. 73.

Street easements as a factor in fixing a rate base for a street railway company, 49 A.L.R. 1477.

Validity of statute, ordinance, or other public regulation prescribing minimum number of employees for train or streetcar, 69 A.L.R. 343.