O.C.G.A. § 46-3-200 (2019)
Purposes of electric membership corporations
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 research and to 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.
History
(Ga. L. 1937, p. 644, § 3; Code 1933, § 34C-201, enacted by Ga. L. 1981, p. 1587, § 1.)
Annotations
JUDICIAL DECISIONS Qualifications of nonprofit electric membership corporation. - If the entire benefit of the sole enterprise upon which the electric membership corporation was empowered by its charter to enter inures to the general public and no profit or improvement of the economic condition or desires of its stockholders or members was contemplated, the corporation could not be said to be in business within the contemplation of former Code 1933, § 94-1101 (see O.C.G.A. § 46-1-2), but a corporation whose stockholders, by whatever name they may be designated, derive from the transaction of the business a profit in money or improvement in their economic conditions and desires was engaged in business within the contemplation of the above mentioned section, and was subject to the jurisdiction of the courts, under the same rules of practice that other electric corporations were. Lamar Elec. Membership Corp. v. Carroll, 89 Ga. App. 440, 79 S.E.2d 832 (1953). It is not required that a transmission line serve more than one member. Hagans v. Excelsior Elec. Membership Corp., 207 Ga. 53, 60 S.E.2d 162 (1950). Fact that property used as resort does not prevent owner from becoming member. - The fact that an applicant’s property is used for a fishing camp or pleasure resort, and not as a farm home, permanent dwelling, or place of business, does not prevent the applicant becoming a member of the corpora-
tion and receiving electric service, or the corporation from furnishing electric energy to the applicant. Hagans v. Excelsior Elec. Membership Corp., 207 Ga. 53, 60 S.E.2d 162 (1950). Sale of satellite dishes. - An electric membership corporation must require a consumer to be a member of that EMC before the EMC can sell a satellite dish to the consumer. Washington Elec. Membership Corp. v. Avant, 256 Ga. 340, 348 S.E.2d 647 (1986). Sale of propane gas. - An electric membership corporation was not authorized to sell propane gas to its customers. Flint Elec. Membership Corp. v. Barrow, 271 Ga. 636, 523 S.E.2d 10 (1999). Liability for punitive damages. - An electric membership corporation has power under O.C.G.A. § 46-3-200 to sue and be sued, and there is no statutory exemption from liability for punitive damages. Walton Elec. Membership Corp. v. Snyder, 270 Ga. 62, 508 S.E.2d 167 (1998). Cited in Flint Elec. Membership Corp. v. Posey, 78 Ga. App. 597, 51 S.E.2d 869 (1949); Georgia Power Co. v. Okefenokee Rural Elec. Membership Corp., 217 Ga. 219, 121 S.E.2d 777 (1961); Georgia Power Co. v. Altamaha Rural Elec. Membership Corp., 217 Ga. 376, 122 S.E.2d 250 (1961); Georgia Power Co. v. Oconee Elec. Membership Corp., 219 Ga. 690, 135 S.E.2d 328 (1964).
RESEARCH REFERENCES Am. Jur. 2d. - 27A Am. Jur. 2d, Energy and Power Sources, §§ 14, 15, 34, 43.
C.J.S. - 29 C.J.S., Electricity, §§ 10-15.