(a.1) Any certificate issued under this article shall be revoked or amended by the commission upon application to the commission by a person to provide natural gas service to a specified end-use customer, property owner, or developer who has requested natural gas service if the holder of the certificate has failed to begin construction or operation of any pipeline, or distribution system, or any extension thereof, in substantially all of the territory covered by such certificate. Once a person has filed such an application, the portion of the certificate of the territory for which the applicant is seeking to provide natural gas service to a specified end-use customer, property owner, or developer shall be deemed revoked or amended. The commission shall determine whether the applicant shall be entitled to a certificate for the territory that has been excluded from the certificate by revocation or amendment, whether such territory should be re-issued to the person who held the certificate at the time of the application, or whether such territory shall be deemed uncertificated. The commission shall make such determination within 90 days of the application and shall consider, in addition to the factors set forth in subsection (a) of Code Section 46-4-25, whether the applicant can offer service in a timely manner, and such other factors the commission deems in the public interest. The commission in determining whether to reissue a certificate to the person who held the certificate at the time of the application shall consider the length of time the certificate was held without service being provided. The newly certificated area shall be designed by the commission to serve the customers, property owners, or developers in question while ensuring a boundary with safety and public welfare as the focus.
History. Ga. L. 1956, p. 104, § 9; Ga. L. 2007, p. 676, § 1/HB 587.
The 2007 amendment, effective May 29, 2007, added subsection (a.1).
Editor’s notes.
Ga. L. 2007, p. 676, § 2, not codified by the General Assembly, provides that this Act shall apply to all certificates in effect or applied for on or after May 29, 2007.
Structure Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 4 - Distribution, Storage, and Sale of Gas
Article 2 - Intrastate Pipelines and Distribution Systems
§ 46-4-23. Power of Commission to Issue or Deny Certificate
§ 46-4-25. Factors to Be Considered by Commission in Granting Certificates
§ 46-4-28. Suspension, Revocation, Alteration, or Amendment of Certificates by Commission
§ 46-4-29. Transfer and Hypothecation of Certificates
§ 46-4-31. Adoption by Commission of Rules and Orders to Enforce Article
§ 46-4-32. Applicability of Article to Liquefied Petroleum Gas Sold in Liquid Form Under Pressure
§ 46-4-33. Applicability of Certificate Requirements Under Article Generally