O.C.G.A.
O.C.G.A. § 46-3-1 (2019)
Short title
✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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This part shall be known as the ‘‘Georgia Territorial Electric Service Act.’’
History
(Ga. L. 1973, p. 200, § 1.)
Annotations
Law reviews. - For annual survey of local government law, see 43 Mercer L. Rev. 317
(1991). For annual survey of local government law, see 44 Mercer L. Rev. 309 (1992).
JUDICIAL DECISIONS This part not unconstitutional. - Neither this part of Ga. L. 1973, p. 200 (see O.C.G.A. Ch. 3, T. 46) nor any provision thereof operates in a nonuniform manner as prohibited by Ga. Const. 1976, Art. I, Sec. II, Para. VII (Ga. Const. 1983, Art. III, Sec. VI, Para. IV). City of Calhoun v. North Ga. Elec. Membership Corp., 233 Ga. 759, 213 S.E.2d 596 (1975).
No provision requiring electricity in home. - Nowhere in this part of Ga. L. 1973, p. 200 (see O.C.G.A. Ch. 3, T. 46) is it provided that plaintiff must have electricity in plaintiff ’s home. Frier v. City of Douglas, 233 Ga. 775, 213 S.E.2d 607 (1975). Cited in Jackson Elec. Membership Corp. v. Georgia Power Co., 257 Ga. 772, 364 S.E.2d 556 (1988).
Notes of Decisions
Cited in 27
cases (4 in the last 5 years), 1985–2025 · leading case: Sawnee Elec. Membership Corp. v. Georgia Pub. Serv. Comm'n, 544 S.E.2d 158 (Ga. 2001).
Sawnee Elec. Membership Corp. v. Georgia Pub. Serv. Comm'n, 544 S.E.2d 158 (Ga. 2001). “2d 186 (2000), to examine the application of OCGA § 46-3-8(a), the large-load customer choice exception to the Georgia Territorial Electric Service Act, OCGA § 46-3-1 et seq. ("territorial act").”
Walton Elec. Membership Corp. v. Georgia Power Co. (two Cases), 320 Ga. 740 (Ga. 2025). “Georgia Power objected under the Territorial Electric Service Act, OCGA §§ 46-3-1 et seq. (“Territorial Act”), asserting that it had the right to continue servicing the premises because they were not new premises and Nestle did not meet the requirements of the Territorial Act to…”
City of Lagrange v. Georgia Power Co., 363 S.E.2d 286 (Ga. Ct. App. 1987). “The City of LaGrange and Georgia Power Company filed a joint petition for a declaratory order with the Georgia Public Service Commission (PSC), to determine which had the right under the Georgia Territorial Electric Service Act, OCGA § 46-3-1 et seq., to provide electric service…”
City of Lagrange v. Georgia Pub. Serv. Comm'n, 675 S.E.2d 525 (Ga. Ct. App. 2009). “The City of LaGrange (the “City”) filed a petition against Diverse Power Incorporated (“DPI”) with the Georgia Public Service Commission (the “Commission”), alleging a violation of the Georgia Territorial Electric Service Act (the “Act”), codified at OCGA § 46-3-1 et seq. “The…”
Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986). “In distributing their retail electricity, Georgia Power, Dalton, the EMCs, and the Participants are all “electric suppliers” as this term is used in the Georgia Territorial Electric Service Act, O.C.G.A. §§ 46-3-1 et seq, which was enacted in 1973.”
City of Calhoun v. North Georgia Elec. Membership Corp., 443 S.E.2d 469 (Ga. 1994). “Resolution of the instant appeal requires an interpretation and application of OCGA § 46-3-1 et seq., the Georgia Territorial Electric Service Act (Act).”
Sumter Elec. Membership Corp. v. Georgia Power Co., 690 S.E.2d 607 (Ga. 2010). “In 1973 the legislature enacted the Georgia Territorial Electric Service Act (OCGA § 46-3-1 et seq.) to provide a mechanism for assigning territories to electrical suppliers.”
Jackson Elec. Membership Corp. v. Georgia Power Co., 364 S.E.2d 556 (Ga. 1988). “The Georgia Territorial Electric Service Act, under OCGA § 46-3-1 et seq., provides that a new consumer, “having single-metered service and a connected load which, at the time of initial full operation of the premises, is 900 kilowatts or greater,” may choose between the primary…”
Athens-Clarke Cnty. v. Walton Elec. Membership Corp., 454 S.E.2d 510 (Ga. 1995). “While the Court of Appeals did not agree with the trial court’s assessment of the status of the unified government, it concluded that the unified government was not a “municipality” that was authorized to charge a franchise fee under the Georgia Electric Service Territorial Act…”
Cent. Ga. Elec. Membership Corp. v. Pub. Serv. Comm'n, 830 S.E.2d 459 (Ga. Ct. App. 2019). “*69 The City of Jackson ("the City") filed a petition against Central Georgia Electric Membership Corporation ("Central Georgia") with the Georgia Public Service Commission ("the Commission") requesting a ruling that the City, and not Central Georgia, had the exclusive right…”
City of LaGrange v. Troup Cnty. Elec. Membership Corp., 408 S.E.2d 708 (Ga. Ct. App. 1991). “Both the City and Troup EMC are electrical suppliers within the meaning of the Georgia Territorial Electric Service Act (the Act), OCGA § 46-3-1 et seq. The City is the primary supplier of electrical services within the corporate limits of LaGrange, and Troup EMC is a secondary…”
North Georgia Elec. Membership Corp. v. City of Calhoun, 393 S.E.2d 510 (Ga. Ct. App. 1990). “The parties, appellant North Georgia Electric Membership Corporation (“North Georgia EMC”) and appellee City of Calhoun (“City”) supply electric service to Gordon County, Georgia, and are subject to the provisions of the Georgia Territorial Electric Service Act (“Territorial…”
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