Effect of paragraph on Commission.

- This paragraph does not change the character or nature of the office as to the powers, duties, and functions of the Public Service Commission. It simply makes the Commission a constitutional agency of the state and not merely a creature of the General Assembly. The members of the Commission in office continue with the same powers and duties as then provided by law, or that may be prescribed in the future. It does not clothe the Commission or its members with the robe of the sovereign state nor immunize them from judicial process, in cases where their action is subject to judicial review. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949) (see Ga. Const. 1983, Art. IV, Sec. I, Para. I).

Grant of authority not a divestiture of regulatory power.

- The grant of authority to regulate public utilities to the Public Service Commission, to the exclusion of other executive branch agencies, does not mean that the General Assembly has divested itself of its constitutional power to regulate public utilities. Lasseter v. Georgia Pub. Serv. Comm'n, 253 Ga. 227, 319 S.E.2d 824 (1984).

Public Service Commission has power to regulate rates and practices of public utilities. Gas Light Co. v. Georgia Power Co., 440 F.2d 1135 (5th Cir. 1971), cert. denied, 404 U.S. 1062, 92 S. Ct. 732, 30 L. Ed. 2d 750 (1972).

This paragraph fixes sole power for determination of what are reasonable rates in the Public Service Commission. Southern Bell Tel. & Tel. Co. v. Invenchek, Inc., 130 Ga. App. 798, 204 S.E.2d 457 (1974) (see Ga. Const. 1983, Art. IV, Sec. I, Para. I).

Function of making telephone rates is legislative in nature, and such rates cannot be judicially fixed by courts. Southern Bell Tel. & Tel. Co. v. Georgia Pub. Serv. Comm'n, 203 Ga. 832, 49 S.E.2d 38 (1948).

Residency requirement upheld for candidates.

- Requiring appellee candidate to reside in the district for 12 months prior to the general election did not deny the candidate equal protection under the United States Constitution or the Georgia Constitution as the residency requirement for election to the Georgia Public Service Commission was rationally related to the state's legitimate interests in fostering informed voters and promoting knowledgeable and responsive candidates with ties to the community, and did not place an unreasonable burden on the right of voters to choose a candidate or the right of the candidate to run for public office. Cox v. Barber, 275 Ga. 415, 568 S.E.2d 478 (2002), cert. denied, 537 U.S. 1109, 123 S. Ct. 851, 154 L. Ed. 2d 780 (2003).

Compatibility of effect of rate schedule on municipal exercise of discretion.

- Any indirect effect which a rate schedule might have upon a municipality's exercise of its discretion in granting franchises is entirely compatible with the authority granted the municipalities by Ga. L. 1976, p. 188, § 1 (see now O.C.G.A. § 36-34-2(7)). City of Lithonia v. Georgia Pub. Serv. Comm'n, 238 Ga. 339, 232 S.E.2d 832 (1977).

Included within general power to fix rates is power to limit liability of utility for negligence in curtailment of service. State Farm Fire & Cas. Co. v. Southern Bell Tel. & Tel. Co., 245 Ga. 5, 262 S.E.2d 895 (1980).

Fact that Public Service Commission is constitutional body does not make action against it one against state. Georgia Pub. Serv. Comm'n v. Atlanta Gas Light Co., 205 Ga. 863, 55 S.E.2d 618 (1949).

Contract for total energy system subject to regulation.

- A contract between a public utility and its landlord to furnish a total energy system (hot and cold water and electricity included) was not a private nonutility contract and was, therefore, subject to regulation by the Public Service Commission. Atlanta Gas Light Co. v. Georgia Pub. Serv. Comm'n, 228 Ga. 347, 185 S.E.2d 403 (1971).

Utility cannot avoid regulation of natural gas by conversion into electricity.

- Where a public utility would be subject to regulation if it sold only natural gas to a customer, it cannot avoid regulation of its rates by converting the gas into a total energy service, which includes electricity; thus, a utility is also subject to regulation. Atlanta Gas Light Co. v. Georgia Pub. Serv. Comm'n, 228 Ga. 347, 185 S.E.2d 403 (1971).

Cited in Georgia Pub. Serv. Comm'n v. City of Albany, 180 Ga. 355, 179 S.E. 369 (1935); Gas Light Co. v. Georgia Power Co., 313 F. Supp. 860 (M.D. Ga. 1970); Georgia Power Co. v. Georgia Pub. Serv. Comm'n, 231 Ga. 339, 201 S.E.2d 423 (1973); Georgia Power Co. v. Allied Chem. Corp., 233 Ga. 558, 212 S.E.2d 628 (1975).

Manner of election of Commissioners.

- Members of the Public Service Commission should be elected in the same manner as the Governor. 1948-49 Op. Att'y Gen. p. 161.

Private contractual agreements between regulated utilities.

- Public Service Commission required to give private contractual agreements between regulated utilities only such weight as it deems necessary, and should disregard such agreements if they prove contrary to the public interest. 1960-61 Op. Att'y Gen. p. 429.

No jurisdiction to regulate rates for use of steam.

- Absent legislative enactment, the Public Service Commission is without jurisdiction to regulate rates charged by an electric power company for steam which is generated as a by-product of the company's manufacture of electricity. 1976 Op. Att'y Gen. No. 76-91.

O.C.G.A. § 46-2-5 is constitutional; the Georgia Public Service Commission does not have the authority to declare the statute unconstitutional; the Commission is not free to disregard the statute; the Commission may not select a chairman for a two-year term; and a chairman whose term commences on July 1, 2009, may serve beyond January 16, 2010, only if there are no other commissioners eligible to serve as chairman under O.C.G.A. § 46-2-5(b)(2). 2009 Op. Att'y Gen. No. 2009-4.

Am. Jur. 2d.

- 64 Am. Jur. 2d, Public Utilities, § 143 et seq.

C.J.S.

- 73B C.J.S., Public Utilities, § 148 et seq.

ALR.

- Federal control of public utilities, 8 A.L.R. 969; 10 A.L.R. 956; 11 A.L.R. 1450; 14 A.L.R. 234; 19 A.L.R. 678; 52 A.L.R. 296.

Regulating issuance of securities by public utilities through public service commissions, 41 A.L.R. 889.

Jurisdiction of public service commission over carriers transporting by motor trucks or busses, 103 A.L.R. 268.

Time as of which eligibility or ineligibility to office is to be determined, 143 A.L.R. 1026.

Right of public utility to discontinue line or branch on ground that it is unprofitable, 10 A.L.R.2d 1121.

Legislative power to prescribe qualifications for or conditions of eligibility to constitutional office, 34 A.L.R.2d 155.

Community antenna television systems (CATV) as subject to jurisdiction of state public utility or service commission, 61 A.L.R.3d 1150.