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2018 Georgia Code 46-3-170 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 46-3-170 Case Law from Google Scholar Amendments to OCGA 46-3-170

TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

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

ARTICLE 4 ELECTRIC MEMBERSHIP CORPORATIONS AND FOREIGN ELECTRIC COOPERATIVES

46-3-170. Short title.

This article may be cited as the "Georgia Electric Membership Corporation Act."

(Ga. L. 1937, p. 644, § 1; Code 1933, § 34C-101, enacted by Ga. L. 1981, p. 1587, § 1.)

Cross references.

- Nonprofit corporations generally, Ch. 3, T. 14.

Extension of jurisdiction of commission over electric membership corporations to same extent as commission has jurisdiction over electric light and power companies, § 46-3-12.

JUDICIAL DECISIONS

Nonprofit electric corporations not excluded from class of electric companies generally.

- The word "profit" as employed both in Ga. Const. 1976, Art. VII, Sec. I, Para. IV (Ga. Const. 1983, Art. VII, Sec. II, Para. I-IV) and the Rural Electrification Act (7 U.S.C. § 901 et seq.) did not, when construed in pari materia with former Code 1933, § 94-1101 (see O.C.G.A. § 46-1-2) and Ga. L. 1937, p. 644 (see O.C.G.A. Art. 4, Ch. 3, T. 46), exclude the electric corporations created under that Act from the class of electric companies engaged in the business of generating and transmitting electricity. Lamar Elec. Membership Corp. v. Carroll, 89 Ga. App. 440, 79 S.E.2d 832 (1953).

Liability for punitive damages.

- Power corporation failed to show that it was a public service corporation and, accordingly, shielded from liability for punitive damages as a matter of law; an electrical membership, under the Georgia Electric Membership Corporation Act, is vested with the power to sue and be sued and is provided with no express statutory immunity from liability for punitive damages. Oglethorpe Power Corp. v. Sheriff, 210 Ga. App. 299, 436 S.E.2d 14 (1993).

Mandamus unavailable for nominee seeking to serve on electric membership corporation.

- Trial court erred by granting a nominee's writ of mandamus because under O.C.G.A. § 9-6-23, mandamus did not lie to enforce purely private contract rights and the nominee's efforts to be qualified as a person to sit on the board of an electric membership corporation was a private right as board members were not public officers within the meaning of O.C.G.A. § 9-6-20. Rigby v. Boatright, 294 Ga. 253, 751 S.E.2d 851 (2013).

Cited in Troup County Elec. Membership Corp. v. Georgia Power Co., 229 Ga. 348, 191 S.E.2d 33 (1972); Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986), aff'd, 844 F.2d 1538 (11th Cir. 1988).

Cases Citing O.C.G.A. § 46-3-170

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Sawnee Elec. Membership Corp. v. Georgia Dep't of Revenue, 608 S.E.2d 611 (Ga. 2005).

Cited 33 times | Published | Supreme Court of Georgia | Feb 7, 2005 | 279 Ga. 22, 2005 Fulton County D. Rep. 345

...State of Georgia, 263 Ga. 609(2), 437 S.E.2d 782 (1993); Eimco BSP Services v. Chilivis, 241 Ga. 263, 268, 244 S.E.2d 829 (1978). The contested tax is one imposed on the sale of electricity. As set forth in the Georgia Electric Membership Corporation Act, OCGA §§ 46-3-170 et seq., one of the purposes *613 of an EMC is to furnish electrical energy and service to its members....
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Flint Elec. Membership Corp. v. Barrow, 523 S.E.2d 10 (Ga. 1999).

Cited 7 times | Published | Supreme Court of Georgia | Oct 20, 1999 | 271 Ga. 636, 99 Fulton County D. Rep. 3789

...THOMPSON, Justice. The question for decision in this appeal is whether an electric membership corporation can sell propane gas to its customers. [1] Because the sale of propane gas is not authorized by the Georgia Electric Membership Corporation Act ("GEMCA"), OCGA § 46-3-170 et seq., we answer this question in the negative....
...ion to sell all kinds of energy, not just electrical energy. We disagree. As its name implies, the original GEMCA was enacted to encourage "rural electrification. " Ga. L.1937, p. 644. It was not aimed at other forms of energy. The amended act, OCGA § 46-3-170 et seq....
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Rabun Cnty. v. Georgia Transmission Corp., 575 S.E.2d 474 (Ga. 2003).

Cited 5 times | Published | Supreme Court of Georgia | Jan 13, 2003 | 276 Ga. 81, 2003 Fulton County D. Rep. 140

...to be unconstitutional *475 and permanently enjoining its enforcement. Georgia Transmission Corporation ("GTC") distributes and transmits electric power and is a nonprofit electric membership corporation, organized and incorporated pursuant to OCGA § 46-3-170....
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Rigby v. Boatright, 294 Ga. 253 (Ga. 2013).

Cited 4 times | Published | Supreme Court of Georgia | Nov 25, 2013 | 751 S.E.2d 851, 2013 Fulton County D. Rep. 3668

...And, no basis has been presented for a conclusion that the Board members are public officers within the meaning of OCGA § 9-6-20; Satilla is not a governmental entity but a corporation established to provide energy services to its members. See OCGA § 46-3-170 et seq....
...to provide electric line to a home, a duty which is based in statute. See also Sawnee Elec. Membership Corp. v. Ga. Dept. of Revenue, 279 Ga. 22, 23 (2) (608 SE2d 611) (2005) (“As set forth in the Georgia Electric Membership Corporation Act, OCGA § 46-3-170 et seq., one of the purposes of an EMC is to furnish electrical energy and service to its members....
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North Georgia Elec. Membership Corp. v. City of Calhoun, 264 Ga. 769 (Ga. 1994).

Cited 1 times | Published | Supreme Court of Georgia | Nov 28, 1994 | 450 S.E.2d 410, 94 Fulton County D. Rep. 3897

...otherwise had no common right to do. Bank of Augusta v. Earle, 38 U. S. 519 (10 LE 274) (1839); McCullough v. Maryland, 17 U. S. (4 Wheat.) 316 (4 LE 579) (1819). Indeed, NGEMC possesses a franchise granted by the State of Georgia by virtue of OCGA § 46-3-170 et seq....
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Washington Elec. Membership Corp. v. Avant, 256 Ga. 340 (Ga. 1986).

Cited 1 times | Published | Supreme Court of Georgia | Oct 8, 1986 | 348 S.E.2d 647

...This amounted to a construction that broadened economic competition in the area affected by the conflict leading up to that lawsuit. Here, thus, we will construe the economic aspects of the Georgia Electric Membership Corporation Act [the GEMCA], OCGA § 46-3-170 et seq., in a manner that will broaden competition.1 2....