O.C.G.A. § 46-2-57 (2019)
After such hearings as are required, whether they are completed before or after the rate, charge, classification, or service goes into effect, the commission may make such orders as are proper with reference thereto
within the authority vested in the commission. The commission is empowered to reduce or revoke any such suspension with respect to all or any part of such schedule. If the proceeding has not been concluded and an order not made at the expiration of the suspension period, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period; but in case of a proposed increased rate or charge, the commission shall by order require the interested utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid; and upon completion of the hearing and the rendering of a decision, the commission shall by further order require such utility to refund, with interest at the maximum legal rate, in such manner as the commission may direct, such portion of such increased rates or charges as by its decision shall be found not justified. Any portion of such refunds not thus refunded to patrons or customers of the utility shall be refunded or disposed of by the utility as the commission may direct, provided that no such funds shall accrue to the benefit of the utility. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility, and the commission shall give to the hearing and decision of such questions preference over other questions pending before it and decide the same as speedily as possible.
(c) Before any increased rate or charge shall go into effect without the approval of the commission, the commission shall by order require the interested utility to file with the commission a bond written by a surety who is approved by the commission and who is authorized to transact business in this state. The bond shall be fixed by the commission in an amount not to exceed $250,000.00. The bond shall be payable to the Governor and conditioned upon the faithful performance of the requirements of the refund order entered by the commission, the requirements of this Code section, and the requirements of the rules and regulations of the commission.
(d) Any action taken by the commission under this Code section shall be reduced to writing by the commission and signed by the chairman and secretary thereof. All such actions and orders shall be effective from the date such actions are reduced to writing and are signed as provided by this subsection. No such action or order of the commission may be given retroactive effect. A full and complete record shall be kept of the votes taken in connection with any such action, said record to be entered upon the official minutes of the commission.
(e) Nothing in this Code section shall be construed as limiting the authority granted to the commission by Code Sections 46-2-20 and 46-2-23 to initiate an earnings review hearing.
History
(Code 1933, § 93-307.1, enacted by Ga. L. 1972, p. 137, § 1; Ga. L. 1976, p. 419, § 1; Ga. L. 2002, p. 475, § 2.)
Annotations
Law reviews. - For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 285 (2002).
The 2002 amendment, effective April 25, 2002, added subsection (e).
Cross references. - Authority of General Assembly regarding regulation of public utility rates, Ga. Const. 1983, Art. III, Sec. VI, Para. V. Prohibition against gratuities, Ga. Const. 1983, Art. III, Sec. VI, Para. VI. Editor’s notes. - Ga. L. 2002, p. 475, § 1,
JUDICIAL DECISIONS Effect of 1976 amendment to section. - The 1976 amendment to former Code 1933, § 93-307.1 (see O.C.G.A § 46-2-25), which added subsection (d), was a recognition by the legislature that section prior to amendment did not prohibit the effectuating of rates according to the date of billing, which would therefore cover some electricity used prior to the date of the effectuating order. Moore v. Georgia Pub. Serv. Comm’n, 242 Ga. 182, 249 S.E.2d 549 (1978). Entitlement to lower rate must be shown to challenge increase on constitutional grounds. - Utility customers must show they have a legal entitlement to or a vested right in the utility rates being charged be-
fore any proposed increase, before they can claim any property rights protected by the United States Constitution. Georgia Power Project v. Georgia Power Co., 409 F. Supp. 332 (N.D. Ga. 1975). Utility customers have no vested rights in fixed utility rates. Georgia Power Project v. Georgia Power Co., 409 F. Supp. 332 (N.D. Ga. 1975). Utility customers have no property interest in rate increases. - Utility customers have no sufficient property interest in given utility rate increase to invoke procedural protections of due process clause of U.S. Const., Amend. 14. Georgia Power Project v.
O.C.G.A. § 46-5-166(f )(2), regarding adjustments to intrastate access rates. Georgia Pub. Serv. Comm’n v. ALLTEL Ga. Communications Corp., 244 Ga. App. 645, 536 S.E.2d 542 (2000). What constitutes a rate case. - A hearing before the commission to consider a utility’s proposed alternate rate plan that did not recommend or request any rate changes for customers did not constitute a rate case requiring a full hearing. Georgia Public Serv. Comm’n v. Campaign for a Prosperous Ga., 229 Ga. App. 28, 492 S.E.2d 916 (1997). Sufficiency of findings of fact. - Where the Public Service Commission granted a rate increase, but disallowed some of the utility company’s costs in calculating the rate base for a fair increase because it concluded that some of the costs were the result of the company’s imprudent management of the project, the agency’s decision was within its authority, and was supported by the facts. Georgia Power Co. v. Georgia Pub. Serv. Comm’n, 196 Ga. App. 572, 396 S.E.2d 562 (1990), cert. denied, 196 Ga. App. 908, 396 S.E.2d 562 (1990). Cited in Georgia Power Co. v. Georgia Pub. Serv. Comm’n, 231 Ga. 339, 201 S.E.2d 423 (1973); Georgia Power Co. v. Allied Chem. Corp., 233 Ga. 558, 212 S.E.2d 628 (1975); Bryan v. Georgia Pub. Serv. Comm’n, 238 Ga. 572, 234 S.E.2d 784 (1977).
Georgia Power Co., 409 F. Supp. 332 (N.D. Ga. 1975). Collective ratemaking activities carried on by ‘‘rate bureaus’’ immune from antitrust liability. - Collective ratemaking activities carried on by ‘‘rate bureaus’’ composed of motor common carriers operate in several states, although not compelled by the states involved, ‘‘clearly articulated state policy’’ and thus were immune from antitrust liability. Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U.S. 48, 105 S. Ct. 1721, 85 L. Ed. 2d 36 (1985). Recovery of costs of demand-side programs. - The commission had authority under O.C.G.A. § 46-3A-9 to allow a utility to recover the costs of demand-side energy conservation programs and interruptible service credits through riders or surcharges outside of a general rate case and the test year statute. Georgia Power Co. v. Georgia Indus. Group, 214 Ga. App. 196, 447 S.E.2d 118 (1994). Order addressing disposition of overearnings authorized. - Neither the Public Service Commission’s determination that Tier 2 local exchange companies’ return on equity earnings exceeded that authorized, nor its order for the application of over-earnings to reduce intrastate access rates violated either subsection (d) of O.C.G.A. § 46-2-25, which prohibits rate-making orders with retroactive effect, or
OPINIONS OF THE ATTORNEY GENERAL Companies within scope of section. - Common carriers and transportation companies as well as power utilities are covered by former Code 1933, § 93-307.1 (see O.C.G.A § 46-2-25). 1972 Op. Att’y Gen. No. 72-34. Limitation on suspension of schedule by commission. - Commission may not suspend schedule beyond five months, unless a utility by its own action manifests an intent to withdraw or extend the effective date of a scheduled increase. 1973 Op. Att’y Gen. No. 73-70. Section is exclusive method for suspending tariff revision implementation. - Former Code 1933, § 93-307.1 (see O.C.G.A § 46-2-25) was exclusive method by which commission may suspend implementation of tariff revision. 1973 Op. Att’y Gen. No. 73-6.
Commission’s responsibility not altered by conditional approval of tariff amendment. - Conditional approval by the commission of tariff amendment during 30-day period provided by former Code 1933, § 93-307.1 (see O.C.G.A § 46-2-25) did not alter substantive responsibility and authority of the commission. 1973 Op. Att’y Gen. No. 73-6. Implemented tariff amendment not to be suspended during subsequent examination. - A tariff amendment which has been implemented by a utility, either by virtue of the expiration of the 30-day period without commission action or by virtue of such conditional approval by the commission during that period, may not be later suspended by the commission during subsequent examination pending a final determination by the commission. 1973 Op. Att’y Gen. No. 73-6.
Later examination possible even after decision not to suspend tariff revision. - If the commission in the exercise of its discretion determines that a tariff revision should not be suspended under former Code 1933, § 93-307.1 (see O.C.G.A § 46-2-25), the commission was not foreclosed from later examining the tariff provision, on its own initiative or upon the filing of a complaint. 1973 Op. Att’y Gen. No. 73-6.
Terminating utility service to persons outside municipality. - A municipality which provides utility services to persons located outside the limits of the municipality may terminate such utility services in accordance with the provisions of Article 2 of the UCC. 1987 Op. Att’y Gen. No. U87-27.
RESEARCH REFERENCES Allowance in fixing rates of public utility for depletion or amortization in respect of natural resources, 91 ALR 1413. Right of customers of public utility with respect to fund representing a refund from another supplying utility upon reduction of latter’s rates, 18 ALR2d 1343. Variations of utility rates based on flat and meter rates, 40 ALR2d 1331. Validity of ‘‘fuel adjustment’’ or similar clauses authorizing electric utility to pass on increased cost of fuel to its customers, 83 ALR3d 933. Advertising or promotional expenditures of public utility as part of operating expenses for ratemaking purposes, 83 ALR3d 963. Public utility’s right to recover cost of nuclear power plants abandoned before completion, 83 ALR4th 183.
C.J.S. - 73B C.J.S., Public Utilities, §§ 15, 18-22, 45-49, 53-55. ALR. - Power of federal government over intrastate rates, 14 ALR 454; 22 ALR 1100. Power of Public Service Commission to increase franchise rates, 28 ALR 587; 29 ALR 356. Validity, construction, and effect of provisions for the appropriation of excess income of public utility, 33 ALR 488. Service contract by public utility in consideration of conveyance of property by individual or private corporations as affected by public utility acts, 41 ALR 257. Power of state or municipality to fix minimum public utility rates, 68 ALR 1002. Profit factor in determining rates for municipally owned or operated public utility, 90 ALR 700.