O.C.G.A.

O.C.G.A. § 46-3-12 (2019)

Jurisdiction of commission over electric membership corporations

✓ 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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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.

History

(Ga. L. 1973, p. 200, § 11.)

Annotations

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 Habersham Elec. Membership Corp. v. Mize, 211 Ga. App. 329, 439 S.E.2d 26 (1993); 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 ALR 1105.

Notes of Decisions

Cited in 3 cases, 1993–2004 · leading case: Fitzgerald Water, Light & Bond Comm'n v. Shaw Indus., Inc., 606 S.E.2d 10 (Ga. Ct. App. 2004).

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Fitzgerald Water, Light & Bond Comm'n v. Shaw Indus., Inc., 606 S.E.2d 10 (Ga. Ct. App. 2004). · cites it 4× “See OCGA § 46-3-12. Although the Commission is subject to the authority of the PSC in some respects, its electricity rates, charges, and service rules and regulations “shall not otherwise be fixed by the [PSC].”

Walton Elec. Membership Corp. v. Snyder, 487 S.E.2d 613 (Ga. Ct. App. 1997). · cites it 2× “OCGA §§ 46-3-12; 46-3-201 (a) (3) (C); see also Sowell v.”

Habersham Elec. Membership Corp. v. Mize, 439 S.E.2d 26 (Ga. Ct. App. 1993). · cites it 2× “” This section is specifically made applicable to electric membership corporations by OCGA § 46-3-12. In our opinion this statute evinces the public policy of this state that suppliers of electricity cannot discriminate, either for or against consumers, by charging consumers in…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.