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. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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

The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted "except" for "affect" in subsection (b).

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.