In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission’s decision in any certification, recertification, modification, or construction review proceeding shall be based on evidence of record. Compliance with the provisions of the certificate as approved or modified by the commission shall result in a presumption of prudence. The commission’s findings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal governmental body or agency from its regulation of environmental or safety matters incidental to construction of electric generating plants.
History. Code 1981, § 46-3A-10 , enacted by Ga. L. 1991, p. 1696, § 1.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 3A - Integrated Resource Planning
§ 46-3A-2. Filing and Approval of an Integrated Resource Plan
§ 46-3A-3. Actions Prohibited Without a Certificate of Public Convenience and Necessity
§ 46-3A-5. Application for Certificate; Hearing; Decision; Contents of Certificate; Fee
§ 46-3A-8. Recovery of Actual Cost of Certificated Long-Term Power Purchase
§ 46-3A-9. Recovery of Actual Cost of Certificated Demand-Side Capacity Option
§ 46-3A-10. Effect on Rates of Changed Revenues and Risks; Basis and Effect of Commission Decision
§ 46-3A-11. Inapplicability of Chapter to Providers Whose Rates Not Fixed by Commission