TITLE 46 PUBLIC UTILITIES AND PUBLIC TRANSPORTATION

Section 4. Distribution, Storage, and Sale of Gas, 46-4-1 through 46-4-166.

ARTICLE 2 INTRASTATE PIPELINES AND DISTRIBUTION SYSTEMS

46-4-25. Factors to be considered by commission in granting certificates.

1. In determining whether a certificate of public convenience and necessity shall be granted, the commission must consider the following:
   1. Whether existing gas pipelines or distribution systems are adequate to meet the reasonable public needs;
   2. The volume of demand for such gas, and whether such demand and that reasonably to be anticipated in the future can support already existing gas pipeline and distribution systems, if any, and also the pipeline or distribution system proposed by the applicant;
   3. The financial ability of the applicant to furnish adequate continuous service and to meet the financial obligations of the service which the applicant proposes to perform;
   4. The adequacy of the supply of gas to serve the public;
   5. The economic feasibility of the pipeline or distribution system and the propriety of the engineering and contracting fees, the expenses, and the financing charges and costs connected with the pipeline or distribution system; and
   6. The effect on existing revenues and service of other pipelines or distribution systems, and particularly whether the granting of the certificate will or may seriously impair existing public service.
2. This Code section shall not be construed as exhaustively describing all factors which the commission may consider in its decision to grant or deny a certificate.
3. If the applicant seeks a certificate of public convenience and necessity authorizing the applicant to acquire a gas pipeline or distribution system of a municipal corporation, the commission shall also consider whether the purchase price is reasonable in light of the present value of the system to be acquired.Issuance by the commission of a certificate of public convenience and necessity authorizing such acquisition is a determination by the commission, among other things, that the purchase price is the measure of the value of the system to be included in the applicant's rate base for rate-making purposes, subject to the depreciation thereafter allowed upon such system.

(Ga. L. 1956, p. 104, § 7; Ga. L. 1991, p. 1804, § 1.)