O.C.G.A.

O.C.G.A. § 46-4-151 (2019)

Legislative findings and intent; bill of rights for consumers

✓ 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) The General Assembly finds:

(1) It is in the public interest to establish a new regulatory model for the natural gas industry in Georgia to reflect the transition to a reliance on market based competition as the best mechanism for the selection and provision of natural gas services at the most efficient pricing; (2) In order to ensure the implementation of this new reliance on market based competition, any regulatory impediments, whether statutory or administrative, to competition for natural gas services must be removed in those areas of the natural gas industry where competition actually exists; (3) All consumers deserve to receive natural gas service on reasonable terms and at reasonable prices; and (4) That protecting natural gas consumers in this new reliance on market based competition is the most important factor to consider in any decisions to be made in accordance with this article. (b) It is the intent of this article to: (1) Promote competition in the natural gas industry; (2) Protect the consumer during and after the transition to a competitive natural gas market; (3) Maintain and encourage safe and reliable natural gas service; (4) Deregulate those components of the natural gas industry subject to actual competition; (5) Continue to regulate those natural gas services subject to monopoly power; (6) Promote an orderly and expeditious transition of the natural gas industry toward fully developed competition; (7) Provide for rate-making methods which the General Assembly finds appropriate for the provision of natural gas services, including without limitation the use of straight fixed variable rate design, the recovery of certain stranded costs, and the use of alternative forms of rate regulation; (8) Allow gas companies the opportunity to compete effectively in a competitive marketplace; (9) Provide a bill of rights for consumers as follows: (A) All consumers must have access to reliable, safe, and affordable gas service, including high quality customer service; (B) All consumers must have the right to receive accurate, easily understood information about gas marketers, services, plans, terms and conditions, and rights and remedies. The information must be

unbiased, accurate, and understandable in a written form, which allows for comparison of prices and terms of service; (C) All consumers must receive the benefits of new services, technological advances, improved efficiency, and competitive prices; (D) Standards for protecting consumers in matters such as deposit and credit requirements, service denials and terminations, and deferred payment provisions must be applied fairly to all consumers; (E) All consumers must be protected from unfair, deceptive, fraudulent, and anticompetitive practices, including, but not limited to, practices such as cramming, slamming, and providing deceptive information regarding billing terms and conditions of service; (F) All consumers shall receive accurate and timely bills from their marketers; (G) All consumers are entitled to protection of their privacy and must be protected from improper use of their customer records or payment histories without their express consent; (H) All consumers must be protected from price increases resulting from inequitable price shifting; and (I) All consumers have the right to a fair and efficient process for resolving differences with marketers, including a system of internal review and an independent system of external review; and (10) Provide that, in the event of any conflict between paragraph (9) of this subsection and any other paragraph of this subsection, the provisions of paragraph (9) shall override such other paragraph or paragraphs.

History

(Code 1981, § 46-4-151, enacted by Ga. L. 1997, p. 798, § 4; Ga. L. 2002, p. 475, § 6.)

Annotations

Editor’s notes. - Ga. L. 2002, p. 475, § 1, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Natural Gas Consumers’ Relief Act.’ ’’

Notes of Decisions
Cited in 4 cases, 2009–2019 · leading case: Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010).
Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). · cites it 12× “” OCGA § 46-4-151 (a) (4). Consistent with that policy of consumer protection, the amendment established a consumer bill of rights, which provides, among other things, that all consumers must be protected from deceptive information regarding billing terms and shall receive…”
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). · cites it 12× “In Count 3, plaintiffs sought damages for breach of private duty 15 under the Gas Act’s “bill of rights for consumers” found in OCGA § 46-4-151 (b) (9). In Count 4, plaintiffs seek refunds of the alleged overpayments pursuant to the procedures for correcting “billing errors”…”
MXenergy Inc. v. Georgia Pub. Serv. Comm'n, 714 S.E.2d 132 (Ga. Ct. App. 2011). · cites it 4× “, citing OCGA § 46-4-151 (a) (4). The ultimate beneficiaries of the regulatory scheme and the true up process are not the commission or the State of Georgia, but the customers.”
Infinite Energy, Inc. v. Marietta Nat. Gas, LLC, 826 S.E.2d 189 (Ga. Ct. App. 2019). · cites it 2× “8 OCGA § 46-4-151 (a) (1). See also Ga. L. 1997, p.”
— 46-4-151(a)(4) — 2 cases
Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). “” OCGA § 46-4-151 (a) (4). Consistent with that policy of consumer protection, the amendment established a consumer bill of rights, which provides, among other things, that all consumers must be protected from deceptive information regarding billing terms and shall receive…”
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). “In Count 3, plaintiffs sought damages for breach of private duty 15 under the Gas Act’s “bill of rights for consumers” found in OCGA § 46-4-151 (b) (9). In Count 4, plaintiffs seek refunds of the alleged overpayments pursuant to the procedures for correcting “billing errors”…”
— 46-4-151(b)(9) — 2 cases
Southstar Energy Servs., LLC v. Ellison, 691 S.E.2d 203 (Ga. 2010). “” OCGA § 46-4-151 (a) (4). Consistent with that policy of consumer protection, the amendment established a consumer bill of rights, which provides, among other things, that all consumers must be protected from deceptive information regarding billing terms and shall receive…”
Ellison v. Southstar Energy Servs., LLC., 679 S.E.2d 750 (Ga. Ct. App. 2009). “In Count 3, plaintiffs sought damages for breach of private duty 15 under the Gas Act’s “bill of rights for consumers” found in OCGA § 46-4-151 (b) (9). In Count 4, plaintiffs seek refunds of the alleged overpayments pursuant to the procedures for correcting “billing errors”…”
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.