O.C.G.A. § 46-3-56 (2019)
Requirement to purchase energy from customer generator; safety standards and regulations
(a) An electric service provider will only be required to purchase energy as specified in Code Section 46-3-55 from an eligible customer generator on a first-come, first-served basis until the cumulative generating capacity of all renewable energy sources equals 0.2 percent of the utility’s annual peak demand in the previous year; provided, however, that no electric service provider will be required to purchase such energy at a price above avoided energy cost unless that amount of energy has been subscribed under any renewable energy program.
(b) Once the capacity is subscribed, an electric service provider may purchase energy from an eligible customer generator at a cost of energy as defined for a utility by the commission, in the case of an electric utility, or by the appropriate governing body, in the case of any other electric service provider or electric supplier.
(c) A distributed generation facility used by a customer generator shall include, at the customer’s own expense, all equipment necessary to meet applicable safety, power quality, and interconnection requirements established by the National Electrical Code, National Electrical Safety Code, the Institute of Electrical and Electronics Engineers, and Underwriters Laboratories.
(d) The commission, in the case of an electric utility, or the appropriate governing body, in the case of other electric service providers or electric suppliers, after appropriate notice and opportunity for comment, may adopt by regulation additional safety, power quality, and interconnection requirements for customer generator that the commission or governing body determines are necessary to protect public safety and system reliability.
(e) An electric service provider may not require a customer generator whose distributed generation facility meets the standards in subsections (a) and (b) of this Code section, to comply with additional safety or performance standards, perform or pay for additional tests, or purchase additional liability insurance.
(f ) No electric service provider or electric supplier shall be liable to any person, directly or indirectly, for loss of property, injury, or death resulting from the interconnection of a cogenerator or distributed generation facility to its electrical system.
History
(Code 1981, § 46-3-56, enacted by Ga. L. 2001, p. 1149, § 1; Ga. L. 2002, p. 415, § 46.)
Annotations
JUDICIAL DECISIONS Power of authority to function and contract as state instrumentality. - The Municipal Electric Authority has authority to function and contract as instrumentality of the state in providing electric power to the political subdivisions of the state which own and operate electric distribution systems, and to contract with power companies, electric membership corporations, and political subdivisions for the purchase, ownership, operation, and maintenance of the facilities which constitute the subject matter of the contracts. Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S.E.2d 720 (1976). Immunity from antitrust laws. - The Municipal Electric Authority of Georgia (MEAG) is an ‘‘instrumentality of the state’’ as are its participants, political subdivisions who entered long-term power supply agreements, and is therefore immune from the antitrust laws under the state action immunity doctrine broadened by the Supreme
Court in Town of Hallie v. City of Eau Claire, 471 U.S. 34, 105 S. Ct. 1713, 85 L. Ed. 2d 24 (1985) and Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U.S. 48, 105 S. Ct. 1721, 85 L. Ed. 2d 36 (1985). Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345 (N.D. Ga. 1986), aff ’d, 844 F.2d 1538 (11th Cir. 1988). Act not preempted by federal law. - The Federal Telecommunications Act (47 USC § 151 et seq.) did not preempt the Public Service Commission from applying the Municipal Electric Authority of Georgia (MEAG) Act to forestall MEAG from applying for a certificate to sell excess telecommunications capacity to the public for hire. Municipal Elec. Auth. v. Georgia Pub. Serv. Comm’n, 241 Ga. App. 237, 525 S.E.2d 399 (1999). Cited in Appling County v. Municipal Elec. Auth., 621 F.2d 1301 (5th Cir. 1980).