Georgia Code
Article 5 - Natural Gas Competition and Deregulation
§ 46-4-154. Notice of Election; Unbundling; Rates; Application Requirements; Surcharge on Interruptibles

History. Code 1981, § 46-4-154 , enacted by Ga. L. 1997, p. 798, § 4; Ga. L. 2002, p. 475, § 10; Ga. L. 2009, p. 453, § 1-51/HB 228.
The 2002 amendment, effective April 25, 2002, substituted the present provisions of paragraph (a)(2) for the former provisions which read: “Establish rates for firm distribution service using the straight fixed variable method of rate design, subject to the provisions of subsection (b) of this Code section;”; deleted former subsection (b) which read: “(b) If the commission determines that inefficiencies in the rate design or other causes in existence immediately preceding the implementation of the straight fixed variable rate design will result in a material fluctuation of rates for firm distribution service to a group of retail customers upon implementation of straight fixed variable rate design, the commission may make such adjustments to the rates for firm distribution service as it deems appropriate to phase in the straight fixed variable rate design for firm distribution service:
“(b)(1) Over a 12 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be less than 10 percent of the total gas charges for a group of retail customers; or
“(b)(2) Over a 24 month period from the date the rates filed by the electing distribution company would otherwise be effective if such material fluctuation will be equal to or greater than 10 percent of the total gas charges for a group of retail customers.
“However, in no event shall any such adjustment be made if the adjustment results in cross-subsidization between retail customers receiving firm distribution service and retail customers receiving interruptible distribution service or if the adjustment reduces the revenues to the electing distribution company for firm distribution service below those that would be recovered by the electing distribution company under the straight fixed variable rate without such adjustment.”; redesignated former subsections (c) through (e) as present subsections (b) through (d), respectively; in subsection (b), substituted “95 percent” for “90 percent” in the second sentence and substituted “5 percent” for “10 percent” in the last two sentences; and added subsection (e).
The 2009 amendment, effective July 1, 2009, deleted “the Division of Health Planning” following “hospital surveys by” in the next-to-last sentence of subsection (e).
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.’

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