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2018 Georgia Code 46-3-12 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-12 Case Law from Google Scholar Amendments to OCGA 46-3-12

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 3. Electrical Service, 46-3-1 through 46-3-541.

ARTICLE 1 GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY

46-3-12. Jurisdiction of commission over electric membership corporations.

All electric membership corporations which furnish service in the State of Georgia and all municipalities, whether incorporated by this state or not, which furnish service inside the state shall, in addition to the manner and extent otherwise provided for in this part, be subject to the authority and jurisdiction of the commission in the same manner as electric light and power companies are subject under other laws of the State of Georgia and regulations of the commission pursuant thereto, provided that the rates, charges, and service rules and regulations of electric membership corporations and municipalities shall be filed with the commission and shall be subject to Code Section 46-3-11 but shall not otherwise be fixed by the commission; provided, further, that securities issued by a municipality relating solely to service rendered inside its limits as they existed on March 29, 1973, shall not be subject to regulation by the commission; provided, further, that service rendered by any electric supplier shall be made pursuant to and consistent with its rates, charges, and service rules and regulations then in effect.

(Ga. L. 1973, p. 200, § 11.)

JUDICIAL DECISIONS

This section not unlawful attempt to regulate or fix charges of municipal utilities.

- Ga. L. 1973, p. 200, § 11 (see O.C.G.A. § 46-3-12) does not attempt to interfere with either the municipality or the electric membership corporation in the establishment of their rate levels. Therefore, it is clear that the section does not constitute an unlawful attempt to regulate or fix the charges of municipal utilities prohibited by Ga. Const. 1976, Art. III, Sec. VIII, Para. I (Ga. Const. 1983, Art. III, Sec. VI, Para I), subject to the exception in Ga. Const. 1976, Art. IX, Sec. VIII, Para. I (Ga. Const. 1983, Art. IX, Sec. VI, Para I, II; Art. XI, Sec. I, Para. IV). City of Calhoun v. North Ga. Elec. Membership Corp., 233 Ga. 759, 213 S.E.2d 596 (1975).

Cited in Albany Oil Mill, Inc. v. Sumter Elec. Membership Corp., 212 Ga. App. 242, 441 S.E.2d 524 (1994).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Energy and Power Sources, § 35.

C.J.S.

- 29 C.J.S., Electricity, § 3.

ALR.

- Grant of perpetual franchise to public service corporation, 2 A.L.R. 1105.

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