Georgia Code
Article 3 - Underground Storage of Gas
§ 46-4-56. Judicial Review of Commission’s Order

Any party appearing at the hearing who is directly affected by an order of the commission approving or disapproving a proposed underground storage project considered at such hearing shall have the right to judicial review of the order by filing a petition with the Superior Court of Fulton County within 30 days after the entry of the order by the commission. In the event no such petition is filed within such time, the order of the commission shall be final and conclusive. In such action the burden of proof shall be upon the party complaining of such order, and such order shall be deemed prima facie valid. Any person directly interested in the subject matter may, in the discretion of the court, be permitted to intervene in such action. Any party to such action may offer in evidence all or any part of the record of the hearing before the commission and any other relevant evidence. The practice, pleading, and proceedings in such action shall be equitable in nature. The court shall have jurisdiction to enter a decree affirming or setting aside such order or remanding the cause to the commission with directions to modify such order so that it shall conform to this article. Such action shall have precedence over other matters before the court. Appeals may be taken by any party to such action in the same manner and to the same extent as in other civil actions.
History. Code 1933, § 93-808, enacted by Ga. L. 1965, p. 463, § 1.

Structure Georgia Code

Georgia Code

Title 46 - Public Utilities and Public Transportation

Chapter 4 - Distribution, Storage, and Sale of Gas

Article 3 - Underground Storage of Gas

§ 46-4-50. Short Title

§ 46-4-51. Definitions

§ 46-4-52. Declaration of Public Purpose

§ 46-4-53. Application to Commission by Gas Utility for Order Approving Utilization or Operation of Underground Reservoir; Hearing on Application Generally; Giving Notice of Hearing

§ 46-4-54. Investigation by State Geologist of Site of Proposed Storage Project; Procedures Involving State Geologist; Investigation of Proposed Storage Project by Director of Environmental Protection Division; Procedures Involving Director; Investig...

§ 46-4-55. Receipt and Recording of Evidence at Hearing on Application; Order of Commission Approving or Disapproving Underground Storage Project

§ 46-4-56. Judicial Review of Commission’s Order

§ 46-4-57. Exercise of Right of Eminent Domain by Gas Utilities

§ 46-4-58. Determination of Ownership of Gas Injected Into Underground Storage Reservoir; Protection of Rights of Owners of Other Interests in the Land

§ 46-4-59. Effect of Abandonment of Reservoir by Gas Utility; Evidence of Abandonment; Approval of Abandonment by Commission

§ 46-4-60. Adoption by Board of Natural Resources of Rules and Regulations Governing Construction, Installation, Utilization, and Operation of Underground Reservoirs and Stations, Wells, Fixtures, and Other Facilities; Enforcement of Rules and Regula...

§ 46-4-61. Adoption by Commission of Rules, Regulations, and Orders Necessary for Enforcement and Administration of Article; Enforcement by Injunction, Mandamus, and Other Relief

§ 46-4-62. Effect of Article on Authority of Department of Natural Resources