O.C.G.A.
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.
This article may be cited as the ‘‘Georgia Electric Membership Corporation Act.’’
History
(Ga. L. 1937, p. 644, § 1; Code 1933, § 34C-101, enacted by Ga. L. 1981, p. 1587, § 1.)
Annotations
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). 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).
Notes of Decisions
William Gordon Clyatt v. Grady Elec. Membership Corp., 821 S.E.2d 140 (Ga. Ct. App. 2018).
· cites it 4× “*40 Under the Georgia Electric Membership Corporation Act, OCGA § 46-3-170 et seq., customers of an electric membership corporation generally are members of the corporation with certain rights.”
Walker v. Oglethorpe Power Corp., 802 S.E.2d 643 (Ga. Ct. App. 2017).
· cites it 2× “All of the EMCs were formed under and are subject to the Georgia Electric Membership Corporation Act (the “EMC Act”), OCGA § 46-3-170 et seq. Oglethorpe, one of the wholesale EMC defendants, was formed by and is owned by the 38 distribution EMCs.”
Sawnee Elec. Membership Corp. v. Georgia Dep't of Revenue, 608 S.E.2d 611 (Ga. 2005).
· cites it 2× “The sale of electricity to a purchaser for purposes other than for resale is a retail sale (OCGA § 48-8-2 (6) (B)) on which the purchaser must pay a sales tax to the retailer, which tax the retailer must remit to the Georgia Commissioner of Revenue.”
Paradise Lost, LLC v. Oglethorpe Power Corp., 774 S.E.2d 755 (Ga. Ct. App. 2015).
· cites it 2× “It is owned by Smarr EMC, and operated by Oglethorpe Power Corporation, both of which are power supply cooperatives formed and operated under OCGA § 46-3-170 et seq. The Sewell Creek facility does not operate continuously, but is designed to generate power only when energy usage…”
Oglethorpe Power Corp. v. Forrister, 693 S.E.2d 553 (Ga. Ct. App. 2010).
· cites it 4× “It is owned by Smarr EMC, and operated by Oglethorpe Power Corporation, both of which are power supply cooperatives formed and operated under OCGA § 46-3-170 et seq. The Sewell Creek facility does not operate continuously, but is designed to generate power only when energy usage…”
Rigby v. Boatright, 751 S.E.2d 851 (Ga. 2013).
· cites it 4× “See OCGA § 46-3-170 et seq. See also Ga. Power Co.”
Flint Elec. Membership Corp. v. Barrow, 523 S.E.2d 10 (Ga. 1999).
· cites it 4× “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.”
Oglethorpe Power Corp. v. Sheriff, 436 S.E.2d 14 (Ga. Ct. App. 1993).
· cites it 2× “Appellant asserts it is a wholesale supplier of electricity pursuant to OCGA § 46-3-170 and a public service corporation rather than a profit corporation; accordingly, it is shielded from liability for punitive damages as a matter of public policy.”
Jordan v. Georgia Power Co., 466 S.E.2d 601 (Ga. Ct. App. 1996).
· cites it 2× “Members of the corporation have the right to vote (OCGA § 46-3-266), to bring derivative actions (OCGA § 46-3-272), and to remove directors and certain officers and agents (OCGA §§ 46-3-295 and 46-3-302 (b), respectively).”
Lowman v. State, 398 S.E.2d 832 (Ga. Ct. App. 1990).
· cites it 2× “Members of the corporation have the right to vote (OCGA § 46-3-266), to bring derivative actions (OCGA § 46-3-272), and to remove directors and certain officers and agents (OCGA §§ 46-3-295 and 46-3-302 (b), respectively).”
Rabun Cnty. v. Georgia Transmission Corp., 575 S.E.2d 474 (Ga. 2003).
· cites it 2× “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. *82 GTC is comprised of 39 affiliated electric membership corporations and is authorized…”
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