CopyCited 33 times | Published | Supreme Court of Georgia | Feb 7, 2005 | 279 Ga. 22, 2005 Fulton County D. Rep. 345
...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. OCGA §
46-3-200(1)....
CopyCited 7 times | Published | Supreme Court of Georgia | Oct 20, 1999 | 271 Ga. 636, 99 Fulton County D. Rep. 3789
...The trial court agreed and entered judgment for plaintiffs enjoining Flint from entering the propane gas business. Finding that FlintErgy was the alter ego of Flint, the trial court also enjoined Flint from selling propane gas indirectly through FlintErgy. This appeal followed. 1. OCGA §
46-3-200 provides: An electric membership corporation may serve any one or more of the following purposes: (1) To furnish electrical energy and service; (2) To assist its members in the efficient and economical use of energy; (3) To engage in rese...
...promote and develop energy conservation and sources and methods of conserving, producing, converting, and delivering energy; and (4) To engage in any lawful act or activity necessary or convenient to effect the foregoing purposes. Relying upon OCGA §
46-3-200, specifically subsections (2), (3) and (4), Flint asserts that the GEMCA permits an electric membership corporation to sell all kinds of energy, not just electrical energy....
...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. (Ga.L.1981, p. 1587), does not alter the original aim. Even if it can be said that subsections (2), (3) and (4) of OCGA §
46-3-200 authorize an EMC to assist its members in the use of another energy source, promote its development, or engage in lawful activities to effect such a purpose, nothing in the GEMCA authorizes an EMC to furnish or sell another form of energy....
CopyCited 4 times | Published | Supreme Court of Georgia | Nov 25, 2013 | 751 S.E.2d 851, 2013 Fulton County D. Rep. 3668
...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. OCGA §
46-3-200 (1)."2)....
...owever, that no writ of mandamus to compel the removal of a judge shall issue where no motion to recuse has been filed, if such motion is available, or where a motion to recuse has been denied after assignment to a separate judge for hearing.
OCGA §
46-3-200 reads:
An electric membership corporation may serve any one or more of the following purposes:
(1) To furnish electrical energy and service;
(2) To assist its members in the efficient and economical use of energy;
(3) To engage in resea...
CopyCited 4 times | Published | Supreme Court of Georgia | Oct 26, 1998 | 270 Ga. 62, 98 Fulton County D. Rep. 3567
...that statute. Judgment affirmed. All the Justices concur. NOTES [1] Walton is a member-owned electric supply corporation, also known as an "electric co-op." [2] That EMCs are intended to have a public duty can be seen in their stated purposes, OCGA §
46-3-200, and the breath of authority given them, such as the power to condemn property....
CopyCited 1 times | Published | Supreme Court of Georgia | Oct 8, 1986 | 348 S.E.2d 647
...aden competition.1
2. The original statement of purpose included in Georgia’a *341GEMCA listed as one purpose, “Assisting in . . . the acquisition, supply, or installation of electrical or plumbing equipment. . . .” Code Ann. § 34B-103. OCGA §
46-3-200 states that one purpose of an EMC is “[to] assist its members in the efficient and economical use of energy.” OCGA §
46-3-201 (b) (8) grants each EMC the power “to assist its members in any manner in the economical use of energy, i...
...any or all of the purposes for which the electric membership corporation is organized.” OCGA §
46-3-201 also states that the powers granted to the EMCs may only be exercised as far as they are consistent with the purposes set out for EMCs in OCGA §
46-3-200.
The original statement of purposes permitted EMCs to sell electrical appliances to their members....
...Wallace, amici curiae.
Under OCGA §
46-3-11, therefore, an electrical supplier may require a consumer to receive retail electric service from “such electric supplier” as a condition for the consumer to purchase a satellite dish from the supplier. Under OCGA §§
46-3-200, 201, and Galloway, supra, an EMC must require a consumer to be a member of that EMC before the EMC can sell a satellite dish to the consumer.
The trial courts, thus, ruled correctly to the extent that the injunctions forbade EMCs from selling television dishes to non-members....
