O.C.G.A.

O.C.G.A. § 46-3-5 (2019)

Assignment of geographic areas within municipal limits as of March 29, 1973

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
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.
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Except as otherwise provided in subsection (a) of Code Section 46-3-8, all geographic areas inside the corporate limits of every municipality, as such limits existed on March 29, 1973, are assigned to the primary supplier,

subject to the rights and restrictions applying to electric suppliers owning lines therein, as follows: Based upon the location of all electric suppliers’ lines therein on March 29, 1973, every secondary supplier shall have the exclusive right to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of its line and wholly more than 300 feet from the lines of every other electric supplier; and shall have the right, if chosen by the consumer utilizing such premises, to extend and continue furnishing service to new premises locating therein at least partially within 300 feet of both its lines and the lines of any other electric supplier; but shall not otherwise have the right, unless so agreed by the primary supplier and by any other secondary supplier whose lines are located at least partially within 300 feet thereof and the consumer utilizing such premises, to extend and continue furnishing service to any other premises locating therein, which shall be the exclusive right of the primary supplier or such other secondary supplier, if such be the case.

History

(Ga. L. 1974, p. 200, § 5; Ga. L. 1982, p. 3, § 46.)

Annotations

JUDICIAL DECISIONS Bases of assignments of service areas not unconstitutional. - Basing assignments of service areas primarily on the presence or absence of electric lines does not violate Ga.

Const. 1976, Art. I, Sec. II, Para. VII (Ga. Const. 1983, Art. III, Sec. VI, Para. IV). City of Calhoun v. North Ga. Elec. Membership Corp., 233 Ga. 759, 213 S.E.2d 596 (1975).

Notes of Decisions
Cited in 2 cases, 1985–1987 · leading case: City of Marietta Bd. of Lights & Water v. Georgia Power Co., 335 S.E.2d 467 (Ga. Ct. App. 1985).
City of Marietta Bd. of Lights & Water v. Georgia Power Co., 335 S.E.2d 467 (Ga. Ct. App. 1985). · cites it 2× “Held: It is acknowledged by the parties that pursuant to OCGA § 46-3-5, Georgia Power was and is the “primary supplier” for the area in question and that, as a consequence, Dunaway may elect to be served by Marietta as a secondary supplier only if the newly constructed premises…”
Marietta Bd. of Lights & Water v. Georgia Pub. Serv. Comm'n, 356 S.E.2d 737 (Ga. Ct. App. 1987). · cites it 2× “” Similar corridor rights also exist for those electric suppliers servicing those areas located within municipal limits (OCGA § 46-3-5), but the corridor rights established for those areas extend for only 300 feet.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.