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2018 Georgia Code 46-2-9 | Car Wreck Lawyer

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 2. Public Service Commission, 46-2-1 through 46-2-95.

ARTICLE 1 ORGANIZATION AND MEMBERS

46-2-9. Domicile of commission; jurisdiction of actions involving commission or business entities regulated by commission; furnishing commission with office and supplies.

  1. The domicile of the commission is fixed at the capital; and no courts of this state other than those of Fulton County shall have or take jurisdiction in any action brought or instituted against the commission or on account of any of its orders or rules, provided that nothing in this Code section shall prevent the courts of the county in which is located the principal office of a business entity regulated by the commission from having or taking jurisdiction in any action brought or instituted against that business entity as a result of any such commission order or rule.
  2. The commission shall be furnished with necessary furniture and stationery and an office in Atlanta.

(Ga. L. 1878-79, p. 125, § 2; Civil Code 1895, § 2186; Ga. L. 1905, p. 95, §§ 1, 2; Ga. L. 1907, p. 72, § 14; Civil Code 1910, §§ 2625, 2627; Code 1933, § 93-211; Ga. L. 1976, p. 418, § 1.)

JUDICIAL DECISIONS

Court review of commission orders and rules.

- Former Code 1933, § 93-211 (see O.C.G.A § 46-2-9) within itself did not give consent of the state to be sued. However, that section did indicate a construction of the powers and duties conferred by the General Assembly on the commission, and that the commission is subject to having its orders and rules reviewed by the courts. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

Former Code 1933, § 93-211 (see O.C.G.A § 46-2-9) recognizes right to judicial review of administrative orders, and must be construed as conferring that sort of right which furnishes the adequate and available remedy which meets the requirements of the Constitution. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

Jurisdiction of class action against commission vested in courts of Fulton County.

- Former Code 1933, § 93-211 (see O.C.G.A § 46-2-9) required that, in a class action brought against a utility to enjoin it from collecting new rates on electricity and to recover moneys already collected under a rate increase ordered by the Public Service Commission, no courts of the state other than those of Fulton County shall have jurisdiction. Riley v. Savannah Elec. & Power Co., 236 Ga. 802, 225 S.E.2d 301 (1976).

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