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Chapter 1 - General Provisions
§ 46-1-1. Definitions - As used in this title, the term: History. Orig. Code...
§ 46-1-2. Measure of Damages for Wrongs and Injuries by Railroad Companies Generally; Venue for Actions Against Railroad Companies and Electric Companies Generally - the venue of an action brought against the railroad, electric...
§ 46-1-3. Applicability of Powers Granted by Title to Other Companies or Entities Regulated by Commission - Notwithstanding the placement of any provision of law within this...
§ 46-1-4. Applicability of Title to Carriers Engaged in Interstate Commerce - Unless otherwise provided by Georgia law and not preempted by...
§ 46-1-5. Duties of Department of Human Services With Regard to Assistance to Low or Fixed Income Consumers of Gas and Electric Service - By March 2, 1982, the Department of Human Resources (now...
§ 46-1-6. Governmental Entities Prohibited From Restricting Utility Service Connection or Sale of Fuels Based on Type; Ability to Choose Utility Service - History. Code 1981, § 46-1-6 , enacted by Ga. L....
Chapter 2 - Public Service Commission
Article 1 - Organization and Members
§ 46-2-1. Election of Commissioners; Terms of Office - Click to view District 001 Appling County Atkinson County Bacon...
§ 46-2-2. Qualifications of Commissioners; Restriction on Any Interest in Companies Under Jurisdiction of Commission; Disqualification of Commissioner - History. Ga. L. 1878-79, p. 125, § 1; Code 1882,...
§ 46-2-3. Oath of Office of Commissioners - The Commissioners shall take an oath of office, the wording...
§ 46-2-4. Filling of Vacancies on Commission - Any vacancy in the commission shall be filled by the...
§ 46-2-5. Chairperson of Commission; Selection - History. Ga. L. 1907, p. 72, § 3; Civil Code...
§ 46-2-6. Salary of Commissioners - The salary of each Commissioner shall be as provided in...
§ 46-2-7. Employment of Officers, Experts, and Other Employees by Commission; Compensation of Employees - The commission shall have power to employ such officers, experts,...
§ 46-2-7.1. Director of Utilities - History. Code 1933, § 93-207.1, enacted by Ga. L. 1981,...
§ 46-2-7.2. Public Information Officer - History. Code 1933, § 93-207.2, enacted by Ga. L. 1981,...
§ 46-2-8. Payment of Salaries and Expenses by Commission; Appropriations for Salaries and Expenses; Designation of Public Service Commission Fund - The salaries fixed by the commission for its officers, experts,...
§ 46-2-9. Domicile of Commission; Jurisdiction of Actions Involving Commission or Business Entities Regulated by Commission; Furnishing Commission With Office and Supplies - History. Ga. L. 1878-79, p. 125, § 2; Civil Code...
§ 46-2-10. Payment of Special Fee by Corporations and Utilities Subject to Jurisdiction of Commission; Notice of Amount Due; Procedure on Default - History. Ga. L. 1922, p. 143, § 6; Ga. L....
Article 2 - Jurisdiction, Powers, and Duties Generally
§ 46-2-20. Jurisdiction of Commission Generally; Powers and Duties of Commission Generally - History. Ga. L. 1907, p. 72, § 6; Civil Code...
§ 46-2-21. Extension of Commission’s Powers and Duties to Street Railroads, Telegraph Companies, Telephone Companies, and Gas and Electric Light and Power Companies - History. Ga. L. 1907, p. 72, § 5; Ga. L....
§ 46-2-23. Rate-Making Power of Commission Generally; Special Provisions Concerning Telecommunications Companies - History. Code 1981, § 46-2-23 , enacted by Ga. L....
§ 46-2-23.1. “Alternative Form of Regulation” Defined; Filing; Notice; Approval; Release of Interstate Pipeline Capacity - History. Code 1981, § 46-2-23.1 , enacted by Ga. L....
§ 46-2-24. Consideration by Commission of Quality of Service in Determining Just and Reasonable Rates and Charges - In determining what are just and reasonable rates and charges...
§ 46-2-25. Procedure for Changing Any Rate, Charge, Classification, or Service; Recovery of Financing Costs - (c.1) (1) Notwithstanding any provision to the contrary, a utility...
§ 46-2-25.1. County-Wide Local Calling; Modification of Existing Rate Schedules; Plans for Implementing Service; Methods of Funding; Rate-Making Power of Commission Not Affected - History. Code 1981, § 46-2-25.1 , enacted by Ga. L....
§ 46-2-25.2. Sixteen-Mile Toll-Free Telephone Calling; Modification of Rate Schedules; Recovery of Expenses or Lost Revenues by Telephone Companies; Rate-Making Power of Public Service Commission Not Affected - History. Code 1981, § 46-2-25.2 , enacted by Ga. L....
§ 46-2-25.3. Toll-Free Calls Within 22 Miles of Exchange; Hearings; “Net Gain” Defined - History. Code 1981, § 46-2-25.3 , enacted by Ga. L....
§ 46-2-26. Restriction as to Utilization of Fuel-Adjustment Tariffs; Procedure for Rate Change by Utility Based Solely on Change in Fuel Costs; Extent of Commission’s Power Over Rate Changes; Disclosure Requirements for Utilities Seeking Rate Change - History. Code 1933, § 93-307.2, enacted by Ga. L. 1979,...
§ 46-2-26.1. Accounting Methods to Be Used by Electric Utilities in Rate-Making Proceedings - History. Code 1933, § 93-307.3, enacted by Ga. L. 1981,...
§ 46-2-26.2. Tax Accounting by Utilities in Rate-Making Proceedings - For purposes of determining a utility’s cost of service in...
§ 46-2-26.3. Recovery of Costs of Conversion From Oil-Burning to Coal-Burning Generating Facility; Filing of Request; Public Hearing; Determination of Rate; Adjustments - History. Code 1933, § 93-307.5, enacted by Ga. L. 1982,...
§ 46-2-26.4. Accounting Procedures in Gas Utility Rate Proceedings - History. Code 1981, § 46-2-26.4 , enacted by Ga. L....
§ 46-2-26.5. Gas Supply Plans and Adjustment Factors; Filings and Hearing Procedures; Recovery of Purchase Gas Cost - History. Code 1981, § 46-2-26.5 , enacted by Ga. L....
§ 46-2-27. Notation on Bill of Charges for Fuel Adjustment, Meter Reading and Consumption, and Where Rates Charged May Be Obtained - Upon the face or back of each periodic and terminal...
§ 46-2-28. Procedure for Issuance of Stocks, Bonds, Notes, or Other Debt by Companies Under Commission’s Jurisdiction; Exemptions - History. Ga. L. 1907, p. 72, § 8; Civil Code...
§ 46-2-29. Requirement of Confidentiality of Information Obtained by Commission Member or Employee in a Proceeding Under Code Section 46-2-28 - History. Ga. L. 1907, p. 72, § 8; Civil Code...
§ 46-2-30. Power of Commission to Make Rules and Regulations Generally - The commission shall have full power and authority to make...
§ 46-2-31. Annual Report by Commission to Governor - It shall be the duty of the commission to make...
§ 46-2-32. Payment of Fines Into State Treasury; Cumulative Nature of Remedies Provided by This Title - All fines recovered under this title shall be paid into...
§ 46-2-33. Costs Incurred by Commission Charged to Utility; Invoicing; Recovery - History. Code 1981, § 46-2-33 , enacted by Ga. L....
Article 2A - Utility Finance Section
§ 46-2-40. Creation of Utility Finance Section; Composition of Section - There is established a Utility Finance Section of the commission...
§ 46-2-41. Appointment of Director of Utility Finance Section; Compensation; Supervisory Role of Director of Utilities; Qualifications and Responsibilities of Director of Section Generally - History. Code 1933, § 93-202a, enacted by Ga. L. 1981,...
§ 46-2-42. Employment of Assistant Director of Utility Finance Section; Employment of Accountants, Statisticians, Experts, and Clerical Personnel; Application of Rules and Regulations - History. Code 1933, § 93-203a, enacted by Ga. L. 1981,...
§ 46-2-43. Director, Assistant Director, or Any Other Employee of Utility Finance Section Prohibited From Having Any Interest in or Being Employed by Electric Utilities - During the period of his employment and for one year...
§ 46-2-44. Duties of Utility Finance Section Generally - The duties of the Utility Finance Section shall include the...
§ 46-2-45. Relationship of Utility Finance Section to Commission - The Utility Finance Section shall have the following authority and...
Article 3 - Investigations and Hearings
§ 46-2-50. Conducting of Hearings and Investigations Generally - The commission shall conduct hearings and investigations in different parts...
§ 46-2-51. Prescription by Commission of Rules of Procedure and Rules of Evidence; Promulgation of Rules and Regulations as to Rehearing, Reconsideration, and Oral Argument of Orders - The commission shall prescribe the rules of procedure and the...
§ 46-2-52. Keeping of Records of Proceedings on Formal Investigations; Transcribing of Testimony - A full and complete record as provided in paragraph (8)...
§ 46-2-54. Power to Issue Subpoenas; Payments to Witnesses; Failure or Refusal to Obey Subpoenas - History. Ga. L. 1878-79, p. 125, § 15; Code 1882,...
§ 46-2-55. Compelling Witnesses to Testify Before Commission as to the Giving or Granting of Rebates or as to Discriminations in Rates and Charges by Common Carriers - In investigating complaints of violations by common carriers of the...
§ 46-2-56. Compelling Witnesses to Testify Against Common Carriers or Any Other Person in Court - If a witness is exempted from indictment or prosecution as...
§ 46-2-57. Obtaining of Discovery by Employees and Agents of Commission; Petitions by Commission for Necessary Orders, Injunctions, and Subpoenas; Extension of Suspension Period by Superior Court of Fulton County; Time of Hearing of Applications and... - History. Ga. L. 1922, p. 145, § 5; Code 1933,...
§ 46-2-58. Conducting of Hearings by Hearing Officers - History. Code 1933, § 93-501a, enacted by Ga. L. 1981,...
§ 46-2-59. Permissible Parties in Proceedings Before Commission; Intervention in Proceedings Generally; Limited Appearances; Procedure for Granting Leave to Intervene - History. Code 1933, § 93-502a, enacted by Ga. L. 1981,...
Article 4 - Allocation of Gas and Electricity to Protect Public Health and Safety
§ 46-2-70. Definitions - As used in this article, the term: History. Ga. L....
§ 46-2-71. Power of Commission to Allocate Utility Service and to Alter, Amend, Suspend, or Terminate Existing Rates, Schedules, Contracts, Rules, or Regulations; Findings Required Before Commission Exercises Powers of Allocation - History. Ga. L. 1972, p. 470, § 2. Cross references....
§ 46-2-72. Immunity From Liability of Persons Acting in Accordance With Ruling or Order of Commission Entered Pursuant to Code Section 46-2-71 - Any person who supplies, furnishes, sells, limits, withholds, receives, or...
Article 5 - Miscellaneous Offenses and Penalties
§ 46-2-90. Liability of Companies Subject to Jurisdiction of Commission Generally; Venue for Actions Generally; Award of Attorney’s Fee - If any company under the jurisdiction of the commission does,...
§ 46-2-91. Penalties Recoverable Before Commission; Superior Court Filing of Certain Commission Orders; Venue; Effect of Judgment - History. Code 1933, § 93-309.2, enacted by Ga. L. 1973,...
§ 46-2-92. Penalties Recoverable by State Through Civil Action - History. Ga. L. 1907, p. 72, § 12; Civil Code...
§ 46-2-93. Criminal Penalty; Venue for Actions; Calling of Agents and Employees of Company as Witnesses; Use of Testimony Against Agents and Employees - Every officer, agent, or employee of any company under the...
§ 46-2-95. Civil Actions; Standard for Obtaining an Injunction - The commission may bring a civil action to enjoin the...
Chapter 2A - Electric Utilities Generally
§ 46-2A-1. Annual Audit of Affairs of Electric Utilities - History. Code 1933, § 93-1001, enacted by Ga. L. 1981,...
§ 46-2A-2. Management Audit of Electric Utilities - History. Code 1933, § 93-1002, enacted by Ga. L. 1981,...
Chapter 3 - Electrical Service
Article 1 - Generation and Distribution of Electricity Generally
Part 1 - Allocation of Territorial Rights to Electric Suppliers
§ 46-3-1. Short Title - This part shall be known as the “Georgia Territorial Electric...
§ 46-3-2. Legislative Findings and Declaration of Policy - The public interest requires, and it is declared to be...
§ 46-3-3. Definitions - As used in this part, the term: History. Ga. L....
§ 46-3-4. Assignment or Declaration as Unassigned Areas-B of Geographic Areas Outside Municipal Limits as of March 29, 1973 - After March 29, 1973, and continuing thereafter as rapidly as...
§ 46-3-5. Assignment of Geographic Areas Within Municipal Limits as of March 29, 1973 - Except as otherwise provided in subsection (a) of Code Section...
§ 46-3-6. Assignment and Unassignment of Geographic Areas Included Within Wholly New Municipalities After March 29, 1973 - As to geographic areas which, after March 29, 1973, are...
§ 46-3-7. Assignment and Unassignment of Geographic Areas Annexed to Municipalities After March 29, 1973 - Whenever, after March 29, 1973, any geographic area is annexed...
§ 46-3-8. Exceptions, Grandfather Rights, and Other Rights - History. Ga. L. 1973, p. 200, § 9. Law reviews....
§ 46-3-9. Limitation on Power of Electric Membership Corporations to Furnish Service Within Municipalities - Notwithstanding any other provision of law, no electric membership corporation...
§ 46-3-10. Limitation on Power of Electric Suppliers to Condemn Property of Other Electric Suppliers - Notwithstanding any other provision of law, no electric supplier shall...
§ 46-3-11. Application by Electric Supplier of Discriminatory Rates, Charges, or Service Rules or Regulations; Prohibited Acts by Electric Suppliers Generally - History. Ga. L. 1973, p. 200, § 10.
§ 46-3-12. Jurisdiction of Commission Over Electric Membership Corporations - All electric membership corporations which furnish service in the State...
§ 46-3-13. Enforcement of Part by Commission - At any time, upon its own complaint or the complaint...
§ 46-3-14. Effect of Part on Municipal Police Powers Over Erection and Maintenance of Electric Wires, Poles, and Other Facilities of Electric Suppliers in Streets, Alleys, and Public Ways - History. Ga. L. 1973, p. 200, § 15.
§ 46-3-15. Effect of Part on Charges of Public Utilities Owned or Operated by Counties or Municipalities - No provision of this part, and no application thereof, shall...
Part 2 - High-Voltage Safety
§ 46-3-30. Short Title - This part shall be known and may be cited as...
§ 46-3-31. Purpose of Part - The purpose of this part is to prevent injury to...
§ 46-3-32. Definitions - As used in this part, the term: History. Ga. L....
§ 46-3-33. Required Conditions for Commencing Work Within Ten Feet of High-Voltage Line - No person, firm, or corporation shall commence any work as...
§ 46-3-34. [Effective September 1, 2022. See note.] Utilities Protection Center; Funding of Activities; Notice of Work; Delay; Responsibility for Completing Safety Requirements - History. Ga. L. 1960, p. 181, § 5; Code 1981,...
§ 46-3-35. Allocation of Expense of Precautionary Measures Taken Pursuant to Public Highway Construction - Where, during any public highway construction, any temporary precautionary measure...
§ 46-3-37. Applicability of Part to Railway Systems, Electrical Engineering System or Other Entities - History. Ga. L. 1960, p. 181, § 8; Code 1981,...
§ 46-3-38. Applicability of Part to Moving or Transportation of Houses or Buildings - In addition to the exceptions set forth in Code Section...
§ 46-3-39. Restriction on Liability of Owners and Operators of High-Voltage Lines; Effect of Part on Duty or Degree of Care - History. Ga. L. 1960, p. 181, § 10; Code 1981,...
§ 46-3-40. Criminal Penalty; Strict Liability for Injury or Damage; Indemnification; Liability for Cost of Delay - History. Ga. L. 1960, p. 181, § 7; Code 1981,...
Part 3 - Sale of Electricity by Facility Generating Electricity, Steam, or Other Forms of Energy for Its Own Consumption
§ 46-3-50. Short Title - This part shall be known and may be cited as...
§ 46-3-51. Legislative Determinations and Declarations - History. Code 1981, § 46-3-51 , enacted by Ga. L....
§ 46-3-52. Jurisdiction of Commission Over Cogeneration Facility the Energy From Which Is Used Solely by Operator - As used in this part, the term: History. Ga. L....
§ 46-3-53. Jurisdiction of Commission Over Cogeneration Facilities - History. Ga. L. 1979, p. 389, § 4; Code 1981,...
§ 46-3-54. Electric Service Providers; Rates and Fees - An electric service provider: History. Code 1981, § 46-3-54 ,...
§ 46-3-55. Measurement and Payment of Energy Flow - Consistent with the other provisions of this chapter, the energy...
§ 46-3-56. Requirement to Purchase Energy From Customer Generator; Safety Standards and Regulations - History. Code 1981, § 46-3-56 , enacted by Ga. L....
Part 4 - Solar Power Free-Market Financing
§ 46-3-60. Short Title - This part shall be known and may be cited as...
§ 46-3-61. Findings - The General Assembly hereby finds and declares that: History. Code...
§ 46-3-62. Definitions - As used in this part, the term: History. Code 1981,...
§ 46-3-63. Financing of Solar Technology; Electric Service Provider Prohibited From Interfering With Use of Solar Technology; Electric Service Provider Not Liable for Certain Acts - History. Code 1981, § 46-3-63 , enacted by Ga. L....
§ 46-3-64. Requirements Upon a Retail Electric Customer Utilizing Solar Technology Connected to an Electric System of an Electric Service Provider - History. Code 1981, § 46-3-64 , enacted by Ga. L....
§ 46-3-65. Clarification of Who Shall Be Considered an Electric Supplier and an Electric Service Provider - History. Code 1981, § 46-3-65 , enacted by Ga. L....
§ 46-3-66. Construction and Applicability - History. Code 1981, § 46-3-66 , enacted by Ga. L....
Article 3 - Municipal Electric Authority of Georgia
§ 46-3-110. Declaration of Necessity - Whereas certain political subdivisions of this state now own and...
§ 46-3-111. Definitions - As used in this article, the term: History. Ga. L....
§ 46-3-112. Creation of Authority; Status of Authority as Instrumentality of State; Location of Principal Office and Legal Situs or Residence of Authority - There is created a public body corporate and politic to...
§ 46-3-113. Number of Members of Authority; Creation of Municipal Electric Committee of Georgia Membership Election Committee; Designation of Members; Selection of Officers; Receiving of Nominations, Election and Terms of First Members of Authority - History. Ga. L. 1975, p. 107, § 4.
§ 46-3-114. Residency Requirements for Authority Members; Ineligibility of Election Committee Representatives for Membership; Eligibility of Members to Succeed Themselves - Each member of the authority shall be a resident of...
§ 46-3-115. Terms of Authority Members Generally; Time of Meeting of Election Committee Prior to Annual Meeting of Authority - Upon the expiration of the terms of the first members...
§ 46-3-116. Selection of Additional Representatives to Election Committee by Political Subdivisions Subsequently Contracting With Authority - History. Ga. L. 1975, p. 107, § 4.
§ 46-3-117. Manner of Distribution of Votes Among Representatives to Election Committee; Quorum of Election Committee - History. Ga. L. 1975, p. 107, § 4; Ga. L....
§ 46-3-118. Vacancies on Authority - Any vacancy in the membership of the authority shall be...
§ 46-3-119. Officers of Authority - The authority shall elect from its membership a chairman, a...
§ 46-3-120. Quorum of Authority; Action by Majority Vote; Adjournment of Meetings at Which Less Than a Majority Is Present - At all meetings of the authority, the presence in person...
§ 46-3-121. Annual Meeting of Authority; Special Meetings; Notice of Meetings; Waiver of Notice; Regular Meetings Other Than Annual Meeting - History. Ga. L. 1975, p. 107, § 4; Ga. L....
§ 46-3-122. Reimbursement of Members for Expenses; Making of Rules and Regulations by Authority; Employment of Staff and Personnel; Designation of Assistant Secretary-Treasurer - The members of the authority shall not be entitled to...
§ 46-3-123. Removal of Authority Members From Office - The election committee shall have the power to remove from...
§ 46-3-124. Books and Records Generally - The authority shall keep suitable books and records of all...
§ 46-3-125. Purpose of Authority - The purpose of the authority shall be to acquire or...
§ 46-3-126. Powers of Authority Generally - The authority shall have all powers necessary or convenient to...
§ 46-3-127. Policy as to Nonprofit Operation of Projects by Authority; Fixing of Rates, Fees, and Charges by Authority - The authority shall not operate or construct any project for...
§ 46-3-128. Declaration of Authority Property as Public Property; Payments by Authority in Lieu of Taxes; Tax Exemption for Authority Property, Income, Obligations, and Debt Interest - History. Ga. L. 1975, p. 107, § 6; Ga. L....
§ 46-3-129. Contracts Between Authority and Political Subdivisions for Use of Projects and Facilities of Authority - History. Ga. L. 1975, p. 107, § 17.
§ 46-3-130. Eligibility of Political Subdivisions to Contract With Authority - The political subdivisions with which the authority shall be authorized...
§ 46-3-131. Issuance of Revenue Bonds and Bond Anticipation Notes in General - Click to view First $500,000.00 $1.00 $501,000.00 — $2,500,000.00 .25...
§ 46-3-132. Validation of Contracts for Payments Pledged as Security for Bonds - History. Ga. L. 1975, p. 107, § 9. Cross references....
§ 46-3-133. Failure of District Attorney to Pursue Judicial Validation of Bonds - In all cases where the authority has adopted a resolution...
§ 46-3-134. Bonds as Legal Investments; Depositing Bonds With Public Officers and Bodies of State - The bonds authorized by this article shall be securities in...
§ 46-3-135. Pledge of Authority’s Revenues and Earnings to Payment of Principal of and Interest on Bonds; Setting Aside of Pledged Revenues and Earnings Into Sinking Funds - History. Ga. L. 1975, p. 107, § 19.
§ 46-3-136. Securing of Bonds by Trust Agreement or Indenture - History. Ga. L. 1975, p. 107, § 20; Ga. L....
§ 46-3-137. Application of Bond Proceeds to Cost of Projects; Issuance of Additional Bonds to Remedy Deficit in Proceeds From Bond Issue; Application of Surplus Proceeds - History. Ga. L. 1975, p. 107, § 21.
§ 46-3-138. Mutilated, Lost, Stolen, or Destroyed Bonds and Coupons - History. Ga. L. 1975, p. 107, § 11.
§ 46-3-139. Interest on Bonds - Interest shall cease to accrue on any bond on the...
§ 46-3-140. Cancellation of Evidences of Indebtedness and Interest Coupons - Unless otherwise directed by the authority, every evidence of indebtedness...
§ 46-3-141. Records of Evidences of Indebtedness Issued - The fiscal officer of the authority or his agent shall...
§ 46-3-142. Paying Agents for Bonds - The authority may appoint one or more paying agents for...
§ 46-3-143. Bond Anticipation Notes - History. Ga. L. 1975, p. 107, § 22; Ga. L....
§ 46-3-144. Negotiability of Bonds, Notes, and Other Evidences of Debt - Notwithstanding any other law to the contrary, every evidence of...
§ 46-3-145. Liability of Members of Authority on Bonds and Notes; Obligations of State and Political Subdivisions in Regard to Issued Bonds or Notes; Requirement as to Recital on Face of Bonds and Notes - History. Ga. L. 1975, p. 107, § 13; Ga. L....
§ 46-3-146. Preservation of Interests and Rights of Owners of Bonds and Notes - While any of the bonds or notes issued by the...
§ 46-3-147. Appointment of Receiver for Authority for Default on Bonds; Duties of Receiver; Termination of Receivership; Jurisdiction of Court Over Receiver - History. Ga. L. 1975, p. 107, § 14; Ga. L....
§ 46-3-148. Fixing, Revising, and Collecting Fees, Tolls, and Charges for Use of Projects; Application of Revenues; Time of Payment; Indemnity by Political Subdivisions; Enforcement; Assignment of Payments; Issuing Resolutions Governing Disposition o... - History. Ga. L. 1975, p. 107, § 18; Ga. L....
§ 46-3-149. Status of Authority’s Funds Received From Revenue Bonds, Fees, Tolls, Charges, Gifts, Grants, or Other Contributions as Trust Funds; Lien of Bond Owners on Funds - All funds received pursuant to authority of this article, whether...
§ 46-3-150. Audits of Authority and of Funds Established in Connection With Its Debt - The authority, together with all funds established in connection with...
§ 46-3-151. Venue of Actions - Any action to protect or enforce any rights under this...
§ 46-3-152. Jurisdiction of Commission Over Rates, Services, and Practices of Authority - The rates, services, and practices relating to the generation, transmission,...
§ 46-3-153. Applicability of Other Laws to Meetings and Records of Authority - Meetings of the authority shall be subject to Chapter 14...
§ 46-3-154. Supplemental Nature of Powers Conferred by Article - The provisions of this article shall be regarded as supplementary...
§ 46-3-155. Construction of Article - This article, being for the welfare of the state and...
Article 4 - Electric Membership Corporations and Foreign Electric Cooperatives
Part 1 - General Provisions
§ 46-3-170. Short Title - This article may be cited as the “Georgia Electric Membership...
§ 46-3-171. Definitions - As used in this article, the term: (2.1) “Broadband affiliate”...
§ 46-3-172. Applicability of Article - History. Code 1933, § 34C-103, enacted by Ga. L. 1981,...
§ 46-3-173. Effect of Affixing Corporate Seal; Signing of Documents; Affixing of Seal as Optional; Signing of Deeds After Dissolution of an Electric Membership Corporation - History. Code 1933, § 34C-104, enacted by Ga. L. 1981,...
§ 46-3-174. Filing of Documents With Secretary of State; Filing of Articles of Correction - History. Code 1933, § 34C-105, enacted by Ga. L. 1981,...
§ 46-3-175. Certification of Documents by Secretary of State - The Secretary of State, at any time, upon the request...
§ 46-3-176. Obligations Issued to Secure Payment of Federal Loans as Constituting Securities; Exemption of Obligations and Membership Certificates From Georgia Securities Laws - Whenever any electric membership corporation shall have borrowed money from...
§ 46-3-177. Jurisdiction of Commission - Except as otherwise provided in Part 1 of Article 1...
§ 46-3-178. Intent of Article as Regards Authority of Electric Membership Corporations to Own or Operate Cable Television Systems - It is the intention of the General Assembly that nothing...
§ 46-3-179. Validity of Transactions Entered Into Before July 1, 1981; Preservation of Rights, Duties, and Interests Arising From Such Transactions - Transactions validly entered into before July 1, 1981, and the...
§ 46-3-180. Effect of Article on Cause of Action, Liability, Penalty, or Special Proceeding Accrued, Existing, Incurred, or Pending as of July 1, 1981 - The repeal of a prior Act by this article shall...
§ 46-3-181. Reservation of Power by General Assembly - The General Assembly shall at all times have power to...
§ 46-3-182. Construction of Article as Against Part 1 of Article 1 of This Chapter, the “Georgia Territorial Electric Service act.” - Nothing in this article repeals, or is intended to repeal,...
Part 2 - Corporate Purposes and Powers
§ 46-3-200. Purposes of Electric Membership Corporations - An electric membership corporation may serve any one or more...
§ 46-3-200.1. Authorized Acts of Electric Membership Corporation or Broadband Affiliate - In order to assist a broadband affiliate in the planning,...
§ 46-3-200.2. Cross-Subsidization; Jurisdiction Over Compliance With the Cross-Subsidization Prohibitions; Expedited Adjudication - History. Code 1981, § 46-3-200.2 , enacted by Ga. L....
§ 46-3-200.3. Rights, Powers, and Benefits to Broadband Affiliates of Electric Membership Corporations - Broadband affiliates shall have all of the rights, powers, and...
§ 46-3-200.4. Rates, Terms, and Conditions for Pole Attachments Between Communications Service Providers and Electric Membership Corporations and Their Broadband Affiliates - History. Code 1981, § 46-3-200.4 , enacted by Ga. L....
§ 46-3-201. Existence of Electric Membership Corporations Under Articles of Incorporation; Duration of Corporations; Powers of Corporations Generally - History. Ga. L. 1937, p. 644, § 4; Ga. L....
§ 46-3-202. Defense of Ultra Vires - No act of an electric membership corporation and no conveyance...
§ 46-3-203. Unauthorized Assumption of Corporate Powers - All persons who assume to act as an electric membership...
§ 46-3-204. Limitations as to Actions Growing Out of Acquisition of Rights of Way, Easements, or Occupation of Lands of Others; Damages Recoverable - All rights of action accruing against any electric membership corporation...
§ 46-3-205. Use of Easements - History. Code 1981, § 46-3-205 , enacted by Ga. L....
Part 3 - Corporate Name
§ 46-3-220. Requirements as to Corporate Name Generally - History. Ga. L. 1937, p. 644, § 7; Code 1933,...
§ 46-3-221. Reservation of Names - History. Code 1933, § 34C-302, enacted by Ga. L. 1981,...
Part 4 - Registered Office, Registered Agents, Service of Process, and Venue
§ 46-3-240. Registered Office and Registered Agent - History. Code 1933, § 34C-401, enacted by Ga. L. 1981,...
§ 46-3-241. Change of Registered Office or Registered Agent - History. Code 1933, § 34C-402, enacted by Ga. L. 1981,...
§ 46-3-242. Service of Process on Electric Membership Corporations - History. Code 1933, § 34C-403, enacted by Ga. L. 1981,...
§ 46-3-243. Venue in Proceedings Against Electric Membership Corporations and Foreign Electric Cooperatives Generally - History. Code 1933, § 34C-404, enacted by Ga. L. 1981,...
Part 5 - Members
§ 46-3-260. Qualifications of Members; Provision by Articles of Incorporation or Bylaws for Transfer, Classification, and Termination of Memberships - All persons who may lawfully receive service from an electric...
§ 46-3-261. Liability of Members - A member shall not, solely by virtue of his status...
§ 46-3-262. Meetings of Members Generally - History. Ga. L. 1937, p. 644, § 12; Ga. L....
§ 46-3-263. Notice of Members’ Meetings - History. Code 1933, § 34C-507, enacted by Ga. L. 1981,...
§ 46-3-264. Closing of Record Books and Fixing of Record Date - History. Code 1933, § 34C-511, enacted by Ga. L. 1981,...
§ 46-3-265. Quorum of Members; Adjournment of Meeting by Majority of Members Represented at Meeting - History. Code 1933, § 34C-509, enacted by Ga. L. 1981,...
§ 46-3-266. Voting by Members Generally - History. Ga. L. 1937, p. 644, § 9; Code 1933,...
§ 46-3-267. Effect of Voting Requirements Provided for in Articles of Incorporation or Bylaws - History. Code 1933, § 34C-508, enacted by Ga. L. 1981,...
§ 46-3-268. Voting by Proxy Generally - History. Ga. L. 1937, p. 644, § 9; Code 1933,...
§ 46-3-269. Dissenters’ Rights - No member of an electric membership corporation shall, by dissenting...
§ 46-3-270. Credentials and Elections Committee - History. Code 1933, § 34C-506, enacted by Ga. L. 1981,...
§ 46-3-271. Maintenance of Books and Records of Account; Inspection of Books and Records by Members; Preparation of Annual Financial Statements - History. Code 1933, § 34C-510, enacted by Ga. L. 1981,...
§ 46-3-272. Derivative Actions by Members - History. Code 1933, § 34C-512, enacted by Ga. L. 1981,...
Part 6 - Directors and Officers
§ 46-3-290. Management of Business and Affairs of Electric Membership Corporation by Board of Directors; Knowledge of Limitations on Directors’ Authority Required; Qualifications; Compensation and Reimbursement for Expenses - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-291. Number of Directors; Statement of Names and Addresses of Initial Directors in Articles of Incorporation; Duration of Director’s Service in Office - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-292. Provisional Director - History. Code 1933, § 34C-603, enacted by Ga. L. 1981,...
§ 46-3-293. Classification of Directors; Division of Service Territory Into Districts - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-294. Vacancies on Board of Directors Generally - Unless the articles of incorporation or bylaws otherwise provide: History....
§ 46-3-295. Removal of Directors - History. Code 1933, § 34C-606, enacted by Ga. L. 1981,...
§ 46-3-296. Quorum of Directors; Action by Majority Vote; Conducting of Meetings of Board or Committees by Conference Calls - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-297. Executive Committee and Other Committees - History. Ga. L. 1937, p. 644, § 12; Code 1933,...
§ 46-3-298. Place, Time, and Notice of Directors’ Meetings; Waiver of Notice; Adjournment of Meetings; Notice of Adjournment; Manner of Calling Meetings - History. Code 1933, § 34C-609, enacted by Ga. L. 1981,...
§ 46-3-299. Action by Directors Without a Meeting - Unless otherwise provided by the articles of incorporation or bylaws,...
§ 46-3-300. Dissent by a Director - A director of an electric membership corporation who is present...
§ 46-3-301. Election or Appointment of Officers Generally - History. Ga. L. 1937, p. 644, § 11; Ga. L....
§ 46-3-302. Removal of Officers; Filling of Vacancies - History. Code 1933, § 34C-612, enacted by Ga. L. 1981,...
§ 46-3-303. Duty of Directors and Officers to Act in Good Faith; Reliance on Financial Information Prepared by Others; Presumption of Good Faith - History. Code 1933, § 34C-613, enacted by Ga. L. 1981,...
§ 46-3-303.1. Standard of Care for Officers in Discharge of Duties; Reasonable Reliances - History. Code 1981, § 46-3-303.1 , enacted by Ga. L....
§ 46-3-304. Actions Against Directors and Officers - History. Code 1933, § 34C-614, enacted by Ga. L. 1981,...
§ 46-3-305. Interested Directors and Officers - History. Code 1933, § 34C-616, enacted by Ga. L. 1981,...
§ 46-3-306. Indemnification of Officers, Directors, Employees, and Agents; Purchase and Maintenance of Liability Insurance; Notice to Members of Payment of Indemnification - History. Code 1933, § 34C-617, enacted by Ga. L. 1981,...
Part 7 - Organization of Electric Membership Corporations
§ 46-3-320. Number of Incorporators; Age Requirement - One or more persons may act as incorporator or incorporators...
§ 46-3-321. Signing of Articles of Incorporation; Contents of Articles of Incorporation - History. Ga. L. 1937, p. 644, § 6; Ga. L....
§ 46-3-322. Filing Articles of Incorporation; Issuance of Certificate of Incorporation; Forwarding of Copy of Certificate to Clerk of Superior Court; Rejection of Articles of Incorporation; Publication of Notice; Commencement of Corporate Existence - Click to view Click to view (name and address of...
§ 46-3-323. Effect of Issuance of Certificate of Incorporation - The certificate of incorporation issued by the Secretary of State...
§ 46-3-324. Organization Meeting of Directors - After the corporate existence has begun, an organization meeting of...
§ 46-3-325. Adoption of Initial Bylaws; Authority to Alter, Amend, Repeal, or Adopt New Bylaws; Contents of Bylaws Generally - History. Ga. L. 1937, p. 644, § 12; Ga. L....
§ 46-3-326. Adoption of Bylaws for Emergency Conditions; Emergency Powers of Board of Directors Generally - History. Code 1933, § 34C-707, enacted by Ga. L. 1981,...
Part 8 - Operation of Electric Membership Corporations Generally
§ 46-3-340. Nonprofit Operation of Electric Membership Corporations Required; Rates and Fees to Cover Costs of Operation and Interest Payments and for Maintaining Reserves; Bylaw Provisions Concerning Revenues, Assets, and Member Classification - History. Ga. L. 1937, p. 644, §§ 12, 14; Ga....
§ 46-3-341. Return of Revenues Upon Death of Member - History. Ga. L. 1971, p. 760, § 1; Code 1933,...
Part 9 - Amendment and Restatement of Articles of Incorporation of Electric Membership Corporations
§ 46-3-360. Right of Electric Membership Corporation to Amend Articles of Incorporation - An electric membership corporation may amend its articles of incorporation...
§ 46-3-361. Procedure to Amend Articles of Incorporation Generally - History. Ga. L. 1937, p. 644, § 14; Ga. L....
§ 46-3-362. Manner of Execution of Articles of Amendment; Contents of Articles of Amendment - History. Code 1933, § 34C-903, enacted by Ga. L. 1981,...
§ 46-3-363. Obtaining of Certificate From Secretary of State Upon Amendment of Name of Electric Membership Corporation; Filing Articles of Amendment; Issuance of Certificate of Amendment; Forwarding of Copy of Certificate to Superior Court; Rejection... - Click to view (Name and address of the newspaper designated...
§ 46-3-364. Time of Effectiveness of Amendment; Effect of Amendment on Pending Causes of Action - History. Code 1933, § 34C-905, enacted by Ga. L. 1981,...
§ 46-3-365. Restated Articles of Incorporation - History. Ga. L. 1937, p. 644, § 14; Ga. L....
Part 10 - Mergers and Consolidations Involving Electric Membership Corporations and Foreign Electric Cooperatives
§ 46-3-380. Procedure for Merger Generally - History. Code 1933, § 34C-1001, enacted by Ga. L. 1981,...
§ 46-3-381. Procedure for Consolidation Generally - History. Ga. L. 1937, p. 644, § 15; Ga. L....
§ 46-3-382. Approval of Merger or Consolidation Plan by Members - If an electric membership corporation which is a party to...
§ 46-3-383. Contents of Articles of Merger or Articles of Consolidation; Obtaining of Certificate From Secretary of State Upon Use of New Name; Procedures Involving Filing, Issuance, Rejection, and Publication of Articles of Merger or Articles of Con... - Click to view (name and address of the newspaper designated...
§ 46-3-384. Effect of Merger or Consolidation - History. Code 1933, § 34C-1005, enacted by Ga. L. 1981,...
§ 46-3-385. Merger or Consolidation of Electric Membership Corporations and Foreign Electric Cooperatives - History. Code 1933, § 34C-1006, enacted by Ga. L. 1981,...
Part 11 - Sale and Other Disposition of Corporate Assets
§ 46-3-400. Secured Transactions and Other Dispositions of Assets Not Requiring Member Approval - History. Code 1933, § 34A-128a, enacted by Ga. L. 1950,...
§ 46-3-401. Sale, Lease, Exchange, or Other Disposition of Corporate Assets Requiring Member Approval - A sale, lease, exchange, or other disposition of all or...
Part 12 - Dissolution of Electric Membership Corporations
§ 46-3-420. Commencement of Proceedings for Voluntary Dissolution of an Electric Membership Corporation Generally - An electric membership corporation may be dissolved by the act...
§ 46-3-421. Filing of Statement of Intent to Dissolve With Secretary of State and State Revenue Commissioner - The statement of intent to dissolve shall be delivered to...
§ 46-3-422. Effect of Filing of Statement of Intent to Dissolve - Upon the filing by the Secretary of State of a...
§ 46-3-423. Procedure After Filing Statement of Intent to Dissolve - A Statement of Intent to Dissolve _______________ (name of electric...
§ 46-3-424. Revocation of Voluntary Dissolution Proceedings by Electric Membership Corporation - An electric membership corporation may, at any time prior to...
§ 46-3-425. Filing of Statement of Revocation of Voluntary Dissolution Proceedings With Secretary of State - The statement of revocation of voluntary dissolution proceedings shall be...
§ 46-3-426. Effect of Filing of Statement of Revocation of Voluntary Dissolution Proceedings - Upon the filing by the Secretary of State of a...
§ 46-3-427. Execution of Articles of Dissolution; Contents of Articles of Dissolution - If voluntary dissolution proceedings under Code Section 46-3-420 have not...
§ 46-3-428. Filing of Articles of Dissolution With Secretary of State; Procedure Involving Filing, Issuance, and Rejection of Certificate of Dissolution; Time of Cessation of Existence of Electric Membership Corporation - History. Code 1933, § 34C-1209, enacted by Ga. L. 1981,...
§ 46-3-429. Commencement of Actions for Involuntary Dissolution of Electric Membership Corporations by Superior Courts - History. Code 1933, § 34C-1210, enacted by Ga. L. 1981,...
§ 46-3-430. Venue and Service of Process in Action for Involuntary Dissolution - Every action for the involuntary dissolution of an electric membership...
§ 46-3-431. Jurisdiction of Court to Liquidate Assets and Business of Electric Membership Corporation - History. Code 1933, § 34C-1212, enacted by Ga. L. 1981,...
§ 46-3-432. Procedure in Liquidation of Electric Membership Corporation by Court - History. Code 1933, § 34C-1213, enacted by Ga. L. 1981,...
§ 46-3-433. Qualification of Receivers; Giving of Bond - History. Code 1933, § 34C-1214, enacted by Ga. L. 1981,...
§ 46-3-434. Filing of Claims in Liquidation Proceedings; Effect of Failure to File Claims - In proceedings to liquidate the assets and business of an...
§ 46-3-435. Discontinuance of Liquidation Proceedings - The liquidation of the assets and business of an electric...
§ 46-3-436. Entry of Decree of Involuntary Dissolution; Time of Cessation of Existence of Electric Membership Corporation - In proceedings to liquidate the assets and business of an...
§ 46-3-437. Filing of Decree of Involuntary Dissolution; Giving of Notice of Entry of Decree - No fee shall be charged by such clerks for receiving...
§ 46-3-438. Deposit With Office of the State Treasurer of Amount Due Unknown, Disabled, or Unlocatable Creditors or Members; Disposition of Unclaimed Amounts; Time Limitation - Upon the voluntary or involuntary dissolution of an electric membership...
§ 46-3-439. Survival of Remedy After Dissolution - The dissolution of an electric membership corporation in any manner,...
§ 46-3-440. Revival of Electric Membership Corporation After Dissolution by Expiration of Period of Duration - An electric membership corporation that has been dissolved by the...
Part 13 - Powers and Duties of Foreign Electric Cooperatives Transacting Business in State Generally
§ 46-3-450. Requirement of Obtaining Certificate of Authority by Foreign Electric Cooperative; Applicability of State Laws Generally; Acts Not Constituting Transaction of Business in This State - History. Code 1933, § 34C-1701, enacted by Ga. L. 1981,...
§ 46-3-451. Powers of Foreign Electric Cooperatives Under Certificate of Authority Generally - A foreign electric cooperative which has received a certificate of...
§ 46-3-452. Name of Foreign Electric Cooperative - History. Code 1933, § 34C-1703, enacted by Ga. L. 1981,...
§ 46-3-453. Change of Name by Foreign Electric Cooperative - Whenever a foreign electric cooperative which is authorized to transact...
§ 46-3-454. Contents of Application for Certificate of Authority; Submission of Consent to Appointment as Registered Agent; Execution of Application by Officers of Foreign Electric Cooperative - History. Code 1933, § 34C-1705, enacted by Ga. L. 1981,...
§ 46-3-455. Filing of Application for Certificate of Authority; Issuance of Certificate of Authority by Secretary of State - History. Code 1933, § 34C-1706, enacted by Ga. L. 1981,...
§ 46-3-456. Effect of Certificate of Authority - Upon the issuance of a certificate of authority by the...
§ 46-3-457. Designation of Registered Office and Registered Agent of Foreign Electric Cooperative; Maintenance by Secretary of State of Offices and Agents; Consent to Appointment as Agent - History. Code 1933, § 34C-1708, enacted by Ga. L. 1981,...
§ 46-3-458. Change of Registered Office or Registered Agent of Foreign Electric Cooperative - History. Code 1933, § 34C-1709, enacted by Ga. L. 1981,...
§ 46-3-459. Service of Process on Foreign Electric Cooperative Authorized to Transact Business in This State - History. Code 1933, § 34C-1710, enacted by Ga. L. 1981,...
§ 46-3-460. Filing of Amendment to Articles of Incorporation of Foreign Electric Cooperative - Whenever the articles of incorporation of a foreign electric cooperative...
§ 46-3-461. Effect of Merger Whereby Foreign Electric Cooperative Is Surviving Entity - Whenever a foreign electric cooperative authorized to transact business in...
§ 46-3-462. Amending of Certificate of Authority - History. Code 1933, § 34C-1713, enacted by Ga. L. 1981,...
§ 46-3-463. Contents of Application for Withdrawal; Execution of Application and Attestation by Officers; Obtaining of Certificate From State Revenue Commissioner - History. Code 1933, § 34C-1714, enacted by Ga. L. 1981,...
§ 46-3-464. Filing of Application for Withdrawal; Issuance of Certificate of Withdrawal; Time of Cessation of Authority to Transact Business - History. Code 1933, § 34C-1715, enacted by Ga. L. 1981,...
§ 46-3-465. Effect of Termination of Existence of Foreign Electric Cooperative - History. Code 1933, § 34C-1716, enacted by Ga. L. 1981,...
§ 46-3-466. Grounds for Revocation of Certificate of Authority; Giving Notice of Revocation - History. Code 1933, § 34C-1717, enacted by Ga. L. 1981,...
§ 46-3-467. Issuance of Certificate of Revocation; Time of Cessation of Authority to Transact Business - History. Code 1933, § 34C-1719, enacted by Ga. L. 1981,...
§ 46-3-468. Application for Reinstatement of Certificate of Authority - Click to view Application for Reinstatement of Certificate of Authority...
§ 46-3-469. Transacting Business Without Certificate of Authority - History. Code 1933, § 34C-1720, enacted by Ga. L. 1981,...
Part 14 - Annual Reports
§ 46-3-480. Requirement of Annual Reports by Electric Membership Corporation and Foreign Electric Cooperative - History. Code 1933, § 34C-1301, enacted by Ga. L. 1981,...
§ 46-3-481. Filing of Annual Reports; Correction of Reports - The annual report of an electric membership corporation or foreign...
Part 15 - Fees and Charges
§ 46-3-500. Authority of Secretary of State to Charge and Collect Fees Generally - The Secretary of State shall charge and collect in accordance...
§ 46-3-501. Fees for Filing Documents and Issuing Certificates - The Secretary of State shall charge and collect for: Click...
§ 46-3-502. Fees for Furnishing Certified Copies of Documents, Instruments, and Papers and for Furnishing a Certificate of Search or a Certificate of Good Standing - The Secretary of State shall charge and collect: History. Code...
§ 46-3-503. Fees for Advertising - The fee to be allowed to publishers for publishing any...
Part 16 - Provisions Relating to the Secretary of State
§ 46-3-520. Powers of Secretary of State Generally - The Secretary of State shall have such power and authority...
§ 46-3-521. Propounding of Interrogatories by Secretary of State - The Secretary of State may propound to any electric membership...
§ 46-3-522. Disclosure of Facts and Information Obtained From Interrogatories - Interrogatories propounded by the Secretary of State and the answers...
§ 46-3-523. Notification of Actions Taken by Secretary of State; Appeal of Secretary of State’s Decision to Superior Court; Appeal by Foreign Electric Cooperative Whose Certificate Is Revoked; Appeal of Decision of Superior Court - History. Code 1933, § 34C-1504, enacted by Ga. L. 1981,...
Part 17 - Penalties
§ 46-3-540. Civil Penalties for Actions or Omissions by Electric Membership Corporations and Foreign Electric Cooperatives - History. Code 1933, § 34C-1601, enacted by Ga. L. 1981,...
§ 46-3-541. Civil and Criminal Penalties for Actions or Omissions by Officers and Directors of Electric Membership Corporations and Foreign Electric Cooperatives - History. Code 1933, § 34C-1602, enacted by Ga. L. 1981,...
Chapter 3A - Integrated Resource Planning
§ 46-3A-1. Definitions - As used in this chapter: History. Code 1981, § 46-3A-1...
§ 46-3A-2. Filing and Approval of an Integrated Resource Plan - History. Code 1981, § 46-3A-2 , enacted by Ga. L....
§ 46-3A-3. Actions Prohibited Without a Certificate of Public Convenience and Necessity - by more than 15 percent of its demonstrated capacity in...
§ 46-3A-4. Issuance of a Certificate of Public Convenience and Necessity; Application to Include Plan and Cost-Benefit Analysis - History. Code 1981, § 46-3A-4 , enacted by Ga. L....
§ 46-3A-5. Application for Certificate; Hearing; Decision; Contents of Certificate; Fee - History. Code 1981, § 46-3A-5 , enacted by Ga. L....
§ 46-3A-6. Reexamination of a Certificate of Public Convenience and Necessity; Modification or Revocation - Upon application of a utility or upon its own motion,...
§ 46-3A-7. Construction Costs as Part of Rate Base; Review of Construction Work in Progress; Verification of Expenditures; Recovery of Costs of Canceled Construction - History. Code 1981, § 46-3A-7 , enacted by Ga. L....
§ 46-3A-8. Recovery of Actual Cost of Certificated Long-Term Power Purchase - The approved or actual cost, whichever is less, of purchase...
§ 46-3A-9. Recovery of Actual Cost of Certificated Demand-Side Capacity Option - The approved or actual cost, whichever is less, of any...
§ 46-3A-10. Effect on Rates of Changed Revenues and Risks; Basis and Effect of Commission Decision - In setting rates for any certificated capacity resource, the commission...
§ 46-3A-11. Inapplicability of Chapter to Providers Whose Rates Not Fixed by Commission - This chapter shall not apply to any provider of wholesale...
Chapter 4 - Distribution, Storage, and Sale of Gas
Article 1 - General Provisions
§ 46-4-1. Bringing of Actions by Commission to Enjoin Violations of Rules, Orders, or Regulations Established for Safe Installation and Operation of Natural Gas Facilities - The commission may bring a civil action to enjoin the...
Article 2 - Intrastate Pipelines and Distribution Systems
§ 46-4-20. “Person” Defined - As used in this article, the term “person” means any...
§ 46-4-21. Certificate of Public Convenience and Necessity Required by Persons Constructing or Operating Gas Pipeline or Distribution Systems for Transportation, Distribution, or Sale of Gas; Distribution Systems in Operation Before February 17, 1956... - History. Ga. L. 1956, p. 104, § 1. Cross references....
§ 46-4-22. Determination by Commission of Manner and Form of Application for Certificate of Public Convenience and Necessity; Giving of Notice of Receipt of Application - The manner and form of application for a certificate of...
§ 46-4-23. Power of Commission to Issue or Deny Certificate - The commission shall have power, after hearing, to issue the...
§ 46-4-24. Application for Certificate by Persons Engaged in Constructing or Operating Gas Pipeline or Distribution System or Extension Thereof as of February 17, 1956 - History. Ga. L. 1956, p. 104, § 5.
§ 46-4-25. Factors to Be Considered by Commission in Granting Certificates - History. Ga. L. 1956, p. 104, § 7; Ga. L....
§ 46-4-26. Filing With Commission Complaints Regarding Persons Operating Without Certificate; Cease and Desist Order by Commission; Hearing; Final Order of Commission - Whenever any person is engaged or is about to engage...
§ 46-4-27. Unreasonable Interference With Existing Pipeline or Distribution Systems or Service by Persons Constructing or Extending Pipeline or Distribution Systems - If any person in constructing or extending his pipeline or...
§ 46-4-28. Suspension, Revocation, Alteration, or Amendment of Certificates by Commission - (a.1) Any certificate issued under this article shall be revoked...
§ 46-4-29. Transfer and Hypothecation of Certificates - Any certificate of public convenience and necessity issued under this...
§ 46-4-30. Jurisdiction of Commission Over Controversies as to Extensions of Gas Distribution Service; Factors to Be Considered by Commission in Resolving Controversies - Whenever a certificate of public convenience and necessity has been...
§ 46-4-31. Adoption by Commission of Rules and Orders to Enforce Article - The commission is authorized to adopt such rules and orders...
§ 46-4-32. Applicability of Article to Liquefied Petroleum Gas Sold in Liquid Form Under Pressure - Nothing in this article shall be construed to apply to...
§ 46-4-33. Applicability of Certificate Requirements Under Article Generally - Notwithstanding any other statute or ordinance to the contrary, the...
§ 46-4-34. Injunctions - In addition to the civil monetary penalty provided for in...
§ 46-4-35. Civil Penalty - History. Ga. L. 1970, p. 145, § 1.
Article 3 - Underground Storage of Gas
§ 46-4-50. Short Title - This article shall be known and may be cited as...
§ 46-4-51. Definitions - As used in this article, the term: History. Code 1933,...
§ 46-4-52. Declaration of Public Purpose - The underground storage of gas, which permits the building of...
§ 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 - History. Code 1933, § 93-805, enacted by Ga. L. 1965,...
§ 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... - History. Code 1933, § 93-806, enacted by Ga. L. 1965,...
§ 46-4-55. Receipt and Recording of Evidence at Hearing on Application; Order of Commission Approving or Disapproving Underground Storage Project - History. Code 1933, § 93-807, enacted by Ga. L. 1965,...
§ 46-4-56. Judicial Review of Commission’s Order - Any party appearing at the hearing who is directly affected...
§ 46-4-57. Exercise of Right of Eminent Domain by Gas Utilities - History. Code 1933, § 93-804, enacted by Ga. L. 1965,...
§ 46-4-58. Determination of Ownership of Gas Injected Into Underground Storage Reservoir; Protection of Rights of Owners of Other Interests in the Land - All gas which has previously been reduced to possession and...
§ 46-4-59. Effect of Abandonment of Reservoir by Gas Utility; Evidence of Abandonment; Approval of Abandonment by Commission - When a gas utility which has exercised the power of...
§ 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... - History. Code 1933, § 93-809, enacted by Ga. L. 1965,...
§ 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 - The commission is authorized to adopt such rules, regulations, and...
§ 46-4-62. Effect of Article on Authority of Department of Natural Resources - No provision of this article shall in any way be...
Article 4 - Municipal Gas Authority of Georgia
§ 46-4-80. Legislative Findings; Declaration of Need - The General Assembly finds that certain political subdivisions of this...
§ 46-4-81. Definitions - As used in this article, the term: History. Code 1981,...
§ 46-4-82. Creation of Authority; Principal Office; Legal Situs - History. Code 1981, § 46-4-82 , enacted by Ga. L....
§ 46-4-83. Membership Election Committee; Election of Members of the Authority - History. Code 1981, § 46-4-83 , enacted by Ga. L....
§ 46-4-84. Authority Members — Representation of Political Subdivisions; Eligibility of Election Committee Members; Successive Terms - Each member of the authority shall be a resident of...
§ 46-4-85. Authority Members — Terms of Office - Upon the expiration of the terms of the first members...
§ 46-4-86. Election Committee Members - History. Code 1981, § 46-4-86 , enacted by Ga. L....
§ 46-4-87. Weighted Vote of Election Committee Members; Quorum for Election Committee - History. Code 1981, § 46-4-87 , enacted by Ga. L....
§ 46-4-88. Vacancies in Membership of Authority - Any vacancy in the membership of the authority shall be...
§ 46-4-89. Officers - The authority shall elect from among its membership a chairman,...
§ 46-4-90. Quorum; Majority Vote - At all meetings of the authority, the presence in person...
§ 46-4-91. Annual and Special Meetings - History. Code 1981, § 46-4-91 , enacted by Ga. L....
§ 46-4-92. Compensation; Expenses; Personnel - The members of the authority shall not be entitled to...
§ 46-4-93. Removal of Authority Members From Office - The election committee shall have the power to remove from...
§ 46-4-94. Records Required - The authority shall keep suitable books and records of all...
§ 46-4-95. Purpose - The purpose of the authority shall be: (1) to acquire...
§ 46-4-96. Powers - History. Code 1981, § 46-4-96 , enacted by Ga. L....
§ 46-4-97. Not for Profit Operation - The authority shall not operate or construct any project for...
§ 46-4-98. Public Purpose; Tax Exemption; Payments in Lieu of Taxes - History. Code 1981, § 46-4-98 , enacted by Ga. L....
§ 46-4-99. Contracts With Political Subdivisions - History. Code 1981, § 46-4-99 , enacted by Ga. L....
§ 46-4-100. Applicability of Article to Entities With Gas Distribution Systems - The political subdivisions with which the authority shall be authorized...
§ 46-4-101. Enabling Resolution; Issuance of Revenue Bonds; Petition for Judicial Validation; Fees; Federal Tax Implications - Click to view First $500,000.00 $1.00 $501,000.00 — $2,500,000.00 .25...
§ 46-4-102. Necessary Parties to Revenue Bonds Validation Petition; Intervention by Citizens; Adjudication - History. Code 1981, § 46-4-102 , enacted by Ga. L....
§ 46-4-103. Failure of District Attorney to File Revenue Bonds Validation Petition - In all cases where the authority has adopted a resolution...
§ 46-4-104. Bonds as Legal Investments - The bonds authorized by this article shall be securities in...
§ 46-4-105. Pledge of Revenue to Retire Bonds - History. Code 1981, § 46-4-105 , enacted by Ga. L....
§ 46-4-106. Trust Agreement or Indenture to Secure Bonds - History. Code 1981, § 46-4-106 , enacted by Ga. L....
§ 46-4-107. Proceeds of Bonds - History. Code 1981, § 46-4-107 , enacted by Ga. L....
§ 46-4-108. Lost, Stolen, or Mutilated Bond Certificates - History. Code 1981, § 46-4-108 , enacted by Ga. L....
§ 46-4-109. Interest on Bonds After Due Date - Interest shall cease to accrue on any bond on the...
§ 46-4-110. Cancellation or Destruction of Retired Bonds - Unless otherwise directed by the authority, every evidence of indebtedness...
§ 46-4-111. Records of Bond and Note Transactions Required - The fiscal officer of the authority or his agent shall...
§ 46-4-112. Paying Agents - The authority may appoint one or more paying agents for...
§ 46-4-113. Bond Anticipation Notes - History. Code 1981, § 46-4-113 , enacted by Ga. L....
§ 46-4-114. Negotiability of Bonds - Notwithstanding any other law to the contrary, every evidence of...
§ 46-4-115. Liability of Authority Members, Political Subdivisions, and State - History. Code 1981, § 46-4-115 , enacted by Ga. L....
§ 46-4-116. Impairment of Contracts - While any of the bonds or notes issued by the...
§ 46-4-117. Appointment of Receiver Upon Default - History. Code 1981, § 46-4-117 , enacted by Ga. L....
§ 46-4-118. Charges for Use of Facilities or Services - History. Code 1981, § 46-4-118 , enacted by Ga. L....
§ 46-4-119. Revenues Held in Trust for Bondholders - All funds received pursuant to authority of this article, whether...
§ 46-4-120. Annual Audit - The authority, together with all funds established in connection with...
§ 46-4-121. Jurisdiction for Rights Protection or Enforcement Actions - History. Code 1981, § 46-4-121 , enacted by Ga. L....
§ 46-4-122. Exemption From Regulation by Public Service Commission - History. Code 1981, § 46-4-122 , enacted by Ga. L....
§ 46-4-123. Conduct of Meetings; Records - Meetings of the authority shall be subject to Chapter 14...
§ 46-4-124. Effect of Other Laws - The provisions of this article shall be regarded as supplementary...
§ 46-4-125. Liberal Construction - This article, being for the welfare of the state and...
Article 5 - Natural Gas Competition and Deregulation
§ 46-4-150. Short Title - This article shall be known and may be cited as...
§ 46-4-151. Legislative Findings and Intent; Bill of Rights for Consumers - History. Code 1981, § 46-4-151 , enacted by Ga. L....
§ 46-4-152. Definitions - As used in this article, the term: (4.1) “Consumer” means...
§ 46-4-153. Certificates of Authority - History. Code 1981, § 46-4-153 , enacted by Ga. L....
§ 46-4-153.1. Certificates of Authority for Emc Gas Affiliates; Terms and Conditions; Requirements - History. Code 1981, § 46-4-153.1 , enacted by Ga. L....
§ 46-4-154. Notice of Election; Unbundling; Rates; Application Requirements; Surcharge on Interruptibles - History. Code 1981, § 46-4-154 , enacted by Ga. L....
§ 46-4-155. Regulation of Unbundled Services; Peaking Service; Customer Services; Interstate Capacity Assets - If the commission eliminates the responsibility of an electing distribution...
§ 46-4-156. Customer Assignment Methodology; Commission Determination of Adequate Market Conditions and Effect of Such Determination; Lost and Unaccounted for Gas; Notice to Customers; Petition Proceedings; Change of Marketers; Deposit - History. Code 1981, § 46-4-156 , enacted by Ga. L....
§ 46-4-157. Temporary Directives - then the commission, on an emergency basis, may by order...
§ 46-4-158. Obligations of an Electing Distribution Company; Conditions - History. Code 1981, § 46-4-158 , enacted by Ga. L....
§ 46-4-158.1. Rules and Regulations; Reporting on Service Quality; Noncompliance With Service Quality Standards; Third Party Forecasting; Independent Auditors; Gas Held in Storage for Marketer - History. Code 1981, § 46-4-158.1 , enacted by Ga. L....
§ 46-4-158.2. Rules Governing Marketer’s Terms of Service - The commission shall by September 1, 2002, adopt rules governing...
§ 46-4-158.3. Adequate and Accurate Consumer Information Disclosure Statements; Bills - The commission shall, by September 1, 2002, adopt rules and...
§ 46-4-158.4. Authority to Establish Minimum Standards for Nonresidential Customers - The commission shall by September 1, 2002, adopt rules establishing...
§ 46-4-158.5. Continuing Review by Commission - The commission shall continually review marketers’ compliance with rules promulgated...
§ 46-4-159. Standards of Conduct for Electing Distribution Companies; Response to Complaints - shall not be shared with, shall be physically separated from,...
§ 46-4-160. Commission’s Authority Over Certificated Marketers; Access to Records; Investigations and Hearings; Price Summary; Billing; Violations; Slamming - History. Code 1981, § 46-4-160 , enacted by Ga. L....
§ 46-4-160.1. Dispute Resolution Between Marketer and Retail Customer; Reporting to Credit Bureaus - In any case where there is a dispute between a...
§ 46-4-160.2. Requirements of Marketer for Billing Errors; Requiring Written Request for Credit or Refund Prohibited - History. Code 1981, § 46-4-160.2 , enacted by Ga. L....
§ 46-4-160.3. Voluntary Contributions for Low-Income Residential Customers - In order to assist low-income residential consumers, the commission may...
§ 46-4-160.5. Retail Customer Recovery for Violations - History. Code 1981, § 46-4-160.5 , enacted by Ga. L....
§ 46-4-161. Universal Service Fund - History. Code 1981, § 46-4-161 , enacted by Ga. L....
§ 46-4-162. Commission’s Authority to Approve Certain Pilot Programs - Nothing in this article shall be construed to prohibit the...
§ 46-4-163. Special or Negotiated Contracts Valid - Any special or negotiated contract between a gas company and...
§ 46-4-164. Construction of Article; Electric Membership Corporations and Emc Gas Affiliates; Liquefied Petroleum Gas - shall be deemed to be among the purposes of an...
§ 46-4-165. Annual Reports - The commission shall report to the General Assembly annually through...
§ 46-4-166. Selection by Proposal of Regulated Provider to Service Low-Income Residential Consumers and Certain Firm Natural Gas Consumers; Rates; Annual Review - History. Code 1981, § 46-4-166 , enacted by Ga. L....
Chapter 4A - Provision of Energy Conservation Assistance to Residential Customers by Electric and Gas Utilities
§ 46-4A-1. Short Title - This chapter shall be known and may be cited as...
§ 46-4A-2. Legislative Findings; Declaration of Policy - The General Assembly finds that the rising cost and uncertain...
§ 46-4A-3. Definitions - As used in this chapter, the term: History. Ga. L....
§ 46-4A-4. Powers and Duties of Director Generally - The director shall have and may exercise the following powers...
§ 46-4A-5. Inspections and Investigations by Director; Enforcement of Chapter by Director - History. Ga. L. 1981, p. 1258, § 7.
§ 46-4A-6. Proceedings Before the Director - History. Ga. L. 1981, p. 1258, § 8.
§ 46-4A-7. Injunctions, Restraining Orders, and Other Orders - Whenever, in the judgment of the director, any covered utility...
§ 46-4A-8. Commencement and Conducting of Hearings in Accordance With Chapter 13 of Title 50, the “Georgia Administrative Procedure act.” - All hearings under this chapter shall be commenced and conducted...
§ 46-4A-9. Judicial Review - Any person who has exhausted all administrative remedies available before...
§ 46-4A-10. Duty of Attorney General to Represent Director in Actions - It shall be the duty of the Attorney General or...
§ 46-4A-11. Scope of Director’s Authority to Administer Chapter Relative to Federal Law - Nothing contained in this chapter shall authorize the director to...
§ 46-4A-12. Construction of Chapter - No provision of this chapter or any rules or regulations...
§ 46-4A-13. Failure of Covered Utility to Comply With Chapter and Rules and Regulations - It shall be unlawful for any covered utility to fail...
§ 46-4A-14. Civil Penalties; Removal of Contractor, Supplier, or Lender From Master Record - History. Ga. L. 1981, p. 1258, § 9; Ga. L....
Chapter 5 - Telephone Service
§ 46-5-1. Exercise of Power of Eminent Domain by Telephone Companies; Placement of Posts and Other Fixtures; Regulation of Construction of Fixtures, Posts, and Wires Near Railroad Tracks; Liability of Telephone Companies for Damages; Required Informa... - History. Ga. L. 1873, p. 69, § 2; Code 1873,...
§ 46-5-2. Avoiding or Attempting to Avoid Charges for Use of Telecommunication Service; Penalties; Computation of Damages - History. Ga. L. 1975, p. 1534, §§ 1, 3; Ga....
§ 46-5-3. Making, Possessing, Selling, Allowing Use Of, or Publishing Assembly Plans for Devices, Equipment, or Apparatus for Committing Theft of Telecommunications Service, or for Concealing Origin or Destination of Any Telecommunication; Compensato... - History. Ga. L. 1975, p. 1534, §§ 2, 3; Ga....
§ 46-5-4. Seizure and Disposal of Devices, Equipment, or Any Plan or Instruction Used for Committing Theft of Telecommunications Service - Any unlawful telecommunication device as defined in subsection (a) of...
§ 46-5-5. Inclusion of Local Exchanges 495 and 567 in Area Code 404 - Local exchanges 495 and 567 shall be included in the...
§ 46-5-6. Exclusive Power and Authority of the Public Service Commission to Prescribe Rules and Regulations Regarding Public Pay Telephones - The Public Service Commission shall have the exclusive power and...
§ 46-5-7. Plan to Ensure Confidentiality of Family Violence Shelters’ Addresses and Locations - History. Code 1981, § 46-5-7 , enacted by Ga. L....
§ 46-5-8. Termination of Wireless Communications Service Contracts by Service Members - History. Code 1981, § 46-5-8 , enacted by Ga. L....
Article 2 - Telephone Service
§ 46-5-20. Judicial Proceedings for Disconnection and Removal of Illegally Used Telephone Facilities; Liability of Telephone Companies for Complying With Order of Disconnection and Removal - History. Ga. L. 1962, p. 149, §§ 1-3; Ga. L....
§ 46-5-21. Using Telephone Communications for Obscene, Threatening, or Harassing Purposes - History. Ga. L. 1968, p. 9, § 1. Cross references....
§ 46-5-22. Using Telephone Communications for Obscene Comments, Requests, or Suggestions; Injunction; Recorded Commercial Message - History. Code 1981, § 46-5-22 , enacted by Ga. L....
§ 46-5-23. Use of Automatic Dialing and Recorded Message (Adad) Equipment - History. Code 1981, § 46-5-23 , enacted by Ga. L....
§ 46-5-24. Use of Certain Telephone Numbers by Adad Equipment Prohibited - History. Code 1981, § 46-5-24 , enacted by Ga. L....
§ 46-5-25. Transmission of Unsolicited Commercial Facsimile Messages - History. Code 1981, § 46-5-25 , enacted by Ga. L....
§ 46-5-26. Access to Live Telephone Operator - History. Code 1981, § 46-5-26 , enacted by Ga. L....
§ 46-5-27. Telephone Solicitations to Residential, Mobile, or Wireless Subscribers; Public Service Commission to Establish and Maintain List of Certain Subscribers; Authorization for Imposition of Administrative Fees; Confidential Nature of Da... - Such communication may be from a live operator, through the...
§ 46-5-28. Consent Required for Inclusion of Subscribers’ Names or Dialing Numbers in a Wireless Telephone Data Base or a Traditional Telephone Directory; Exceptions; Disclosure of Wireless Numbers to Telemarketers Prohibited; Violations; Immunity of... - History. Code 1981, § 46-5-28 , enacted by Ga. L....
Part 1A - Telephone System for the Physically Impaired
§ 46-5-30. Establishment, Administration, and Operation of State-Wide Dual Party Relay Service and Audible Universal Information Access Service - History. Code 1981, § 46-5-30 , enacted by Ga. L....
§ 46-5-31. Rates and Charges; Surcharge Not Includable in Gross Receipts Subject to Franchise Tax - History. Code 1981, § 46-5-31 , enacted by Ga. L....
Part 2 - Construction and Operation of Lines, Plants, or Systems Generally
§ 46-5-40. “Person” Defined - As used in this part, the term “person” means: History....
§ 46-5-41. Obtaining of Certificate of Public Convenience and Necessity for Construction, Operation, Acquisition, or Extension of Telephone Lines, Plants, or Systems - No person shall construct or operate any telephone line, plant,...
§ 46-5-42. Interference With Existing Telephone Lines, Plants, or Systems by Person Constructing or Extending a Telephone Line, Plant, or System - If any person, in constructing or extending his telephone line,...
§ 46-5-43. Prescription by Commission of Rules and Regulations as to Application for Certificate of Public Convenience and Necessity; Giving Notice of Receipt of Application - The application for any certificate of public convenience and necessity...
§ 46-5-44. Power of Commission to Issue or Deny Certificate - The commission shall have power, after a hearing, either to...
§ 46-5-45. Filing Complaints With Commission Regarding Persons Constructing, Operating, or Acquiring Telephone Line, Plant, or System Without Certificate - Whenever any person is engaged in or is about to...
Part 3 - Rural Telephone Cooperatives
§ 46-5-60. Short Title - This part may be cited as the “Rural Telephone Cooperative...
§ 46-5-61. Declaration of Purpose - Cooperative nonprofit corporations may be organized under this part for...
§ 46-5-62. Definitions - As used in this part, the term: (.1) “Broadband affiliate”...
§ 46-5-63. Powers of Cooperatives Generally - A cooperative shall have power: (4.1) To furnish, improve, and...
§ 46-5-64. Power of Superior Court to Create Cooperatives, to Approve Amendments to Their Articles of Incorporation, Conversion, Consolidation, Merger, or Dissolution - The superior court shall have power, by compliance with this...
§ 46-5-64.1. Venue Determinations - History. Code 1981, § 46-5-64.1 , enacted by Ga. L....
§ 46-5-65. Names of Cooperatives - it shall appear that the cooperative desires to do business...
§ 46-5-66. Incorporators - Five or more persons, including cooperatives, may organize a cooperative...
§ 46-5-67. Contents of Articles of Incorporation; Signing and Acknowledgment; Recitation of Purpose and Powers; Statements Regarding Issuance of Nonvoting Shares of Stock - History. Ga. L. 1950, p. 192, § 8.
§ 46-5-68. Presentation of Articles of Incorporation to Superior Court for Approval; Accompaniment of Articles by Secretary of State’s Certificate and by Required Affidavits - The articles of incorporation, executed and acknowledged in accordance with...
§ 46-5-69. Approval of Articles by Judicial Order; Application as Constituting Charter of Cooperative - Upon presentation of the articles of incorporation to the superior...
§ 46-5-70. Filing of Articles With Clerk of Court - The applicants shall file the application, including the articles of...