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

O.C.G.A. § 46-4-150 (2019)

Short title

✓ 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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This article shall be known and may be cited as the "Natural Gas Competition and Deregulation Act."

History

(Code 1981, § 46-4-150, enacted by Ga. L. 1997, p. 798, § 4.)

Annotations

Law reviews. - For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 285 (2002).

JUDICIAL DECISIONS

Natural gas company's certification application properly denied. - Georgia Public Service Commission was authorized to dismiss a natural gas company's application for certification because creation of a natural gas company as a Limited Liability Company (LLC) wholly owned by the city's utility board was in derogation of a city charter as the charter required the utility board to create a wholly owned subsidiary in the form of a non-profit corporation rather than a LLC; thus, the city's creation of a LLC was an ultra vires act. Infinite Energy v. Marietta Natural Gas, 349 Ga. App. 343, 826 S.E.2d 189 (2019).

Voluntary payment doctrine not applicable. - Trial court erred by dismissing a class action complaint under O.C.G.A. § 9-11-12(b)(6) for failure to state a cause of action in a suit brought by customers against an energy company seeking recovery of overpayments as the voluntary payment doctrine did not apply to bar the action. Ellison v. Southstar Energy Servs., LLC, 298 Ga. App. 170, 679 S.E.2d 750 (2009), aff'd, 286 Ga. 709, 691 S.E.2d 203 (2010).

Notes of Decisions
Cited in 5 cases, 2002–2019 · leading case: Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010).
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Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). · cites it 4× “Charles Ellison and Susan Bresler (Appellees) filed a class action against Southstar Energy Services, LLC d/b/a Georgia Natural Gas (Appellant), seeking to recover overpayments and other damages arising from Appellant's alleged violations of the Natural Gas Competition and…”
MXenergy Inc. v. Georgia Pub. Serv. Comm'n, 714 S.E.2d 132 (Ga. Ct. App. 2011). · cites it 4× “As a distribution company, Atlanta Gas Light does not sell natural gas directly to *631 customers, but provides the distribution system used by certified marketers to deliver gas to their customers. The marketers estimate how much gas their respective customers will use and then…”
Infinite Energy, Inc. v. Georgia Pub. Serv. Comm'n, 572 S.E.2d 91 (Ga. Ct. App. 2002). · cites it 2× “Baker, Attorney General, Robert S. Bomar, Deputy Attorney General, Daniel S.”
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). · cites it 4× “2d 368 (1986), the trial court did not err when it granted GNG's motion to dismiss.”
Infinite Energy, Inc. v. Marietta Nat. Gas, LLC, 826 S.E.2d 189 (Ga. Ct. App. 2019). · cites it 2× “1 See OCGA § 46-4-150 et seq. 2 At the time MNG filed the application with the PSC, the BLW had a contract with Gas South to act as the preferred gas marketer to the City of Marietta and its residents.”
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