O.C.G.A.
O.C.G.A.

O.C.G.A. § 46-3-53 (2019)

Jurisdiction of commission over cogeneration facilities

✓ 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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(a) Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in subsection (b) of this Code section.

(b) Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the commission; provided, however, that nothing in this article shall except a person from compliance with federal law.

History

(Ga. L. 1979, p. 389, § 4; Code 1981, § 46-3-52; Ga. L. 1981, p. 808, § 1; Code 1981, § 46-3-53, as redesignated by Ga. L. 2001, p. 1149, § 1; Ga. L. 2002, p. 415, § 46.)

Annotations

OPINIONS OF THE ATTORNEY GENERAL Retail sales by cogenerators. - Under current Georgia laws, cogenerators may not make retail sales of electricity in Georgia

except to electric suppliers. 1985 Op. Att’y Gen. No. 85-42.