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2018 Georgia Code 46-3-2 | Car Wreck Lawyer

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

46-3-2. Legislative findings and declaration of policy.

The public interest requires, and it is declared to be the policy of the State of Georgia, that, in order (1) to assure the most efficient, economical, and orderly rendering of retail electric service within the state, (2) to inhibit duplication of the lines of electric suppliers, (3) to foster the extension and location of electric supplier lines in the manner most compatible with the preservation and enhancement of the state's physical environment, and (4) to protect and conserve lines lawfully constructed by electric suppliers, it is necessary and appropriate that the state establish and implement a plan whereby every geographic area within the state shall be either assigned to an electric supplier or declared unassigned as to any electric supplier; that, to accomplish such a plan, it is necessary that all electric suppliers within the state be subject to this part; that the commission be delegated power, authority, and jurisdiction with respect to such plan; and that all electric membership corporations and all municipalities which furnish retail electric service be additionally subject to regulation by the commission in the same manner as provided for regulation of electric light and power companies, except as to the fixing of their rates, charges, and service rules and regulations, it being determined by the General Assembly that such electric membership corporations and municipalities, which by their corporate nature are wholly or substantially controlled by their consumers, should for regulatory purposes be classified differently in certain respects from electric light and power companies.

(Ga. L. 1973, p. 200, § 2.)

JUDICIAL DECISIONS

Purposes of chapter appropriate.

- Purposes of this part of Ga. L. 1973, p. 200 (see O.C.G.A. Ch. 3, T. 46) enumerated in Ga. L. 1973, p. 200, § 2 (see O.C.G.A.46-3-2) are appropriate and are put into effect completely and thoroughly by other provisions of this part. City of Calhoun v. North Ga. Elec. Membership Corp., 233 Ga. 759, 213 S.E.2d 596 (1975).

Cited in Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986); Marietta Bd. of Lights & Water v. Georgia Pub. Serv. Comm'n, 182 Ga. App. 702, 356 S.E.2d 737 (1987); Colquitt Elec. Membership Corp. v. City of Moultrie, 197 Ga. App. 794, 399 S.E.2d 497 (1990); Jackson Elec. Mbrshp. Corp. v. Ga. PSC, 294 Ga. App. 253, 668 S.E.2d 867 (2008); City of LaGrange v. Ga. PSC, 296 Ga. App. 615, 675 S.E.2d 525 (2009).

RESEARCH REFERENCES

ALR.

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

Cases Citing Georgia Code 46-3-2 From Courtlistener.com

Total Results: 3

Rabun County v. Georgia Transmission Corp.

Court: Supreme Court of Georgia | Date Filed: 2003-01-13

Citation: 575 S.E.2d 474, 276 Ga. 81, 2003 Fulton County D. Rep. 140, 2003 Ga. LEXIS 4

Snippet: from electric light and power companies." OCGA § 46-3-2. But "[i]t is the province of the General Assembly

Sawnee Electric Membership Corp. v. Georgia Public Service Commission

Court: Supreme Court of Georgia | Date Filed: 2001-03-19

Citation: 544 S.E.2d 158, 273 Ga. 702, 2001 Fulton County D. Rep. 937, 2001 Ga. LEXIS 253

Snippet: state is assigned to an electric supplier. OCGA § 46-3-2. Once a service territory is assigned, an electric

Athens-Clarke County v. Walton Electric Membership Corp.

Court: Supreme Court of Georgia | Date Filed: 1995-03-13

Citation: 265 Ga. 229, 454 S.E.2d 510, 95 Fulton County D. Rep. 914, 1995 Ga. LEXIS 149

Snippet: electric supplier or declared unassigned. OCGA § 46-3-2. The General Assembly so acted with the avowed