GeorgiaGA
- Cooperative poles
- Yes, for electric membership corporations under O.C.G.A. 46-3-200.4, effective 2021-01-01
- Municipal poles
- No rate regime, and the reason is constitutional rather than a gap the legislature left. Ga. Const. art. III, sec. VI, para. V(d) bars the General Assembly from regulating or fixing the charges of a county or municipally owned utility, and O.C.G.A. 46-3-15 names that paragraph in terms. A silence the next legislature could fill; a constitutional bar it could not. Municipal electric systems are not wholly outside the Commission, though. O.C.G.A. 46-3-12 subjects them to its authority in the same manner as electric light and power companies, with rates, charges and service rules filed with the Commission and subject to O.C.G.A. 46-3-11, but expressly not fixed by it. Whether that filing and nondiscrimination duty reaches an attacher, as distinct from an electric customer, is unlitigated and is recorded here as open
- Rate standard
- The Georgia PSC sets the rate for electric membership corporations under a just, reasonable, nondiscriminatory and commercially reasonable standard, on a published schedule
- Where a dispute goes
- Georgia Public Service Commission for electric membership corporations, with expedited adjudication. Investor owned disputes go to the FCC
- Confidence
- High confidence on the statute, PSC jurisdiction, the rate setting mechanism, the EMC only scope, the constitutional municipal bar and the O.C.G.A. 46-3-12 filing duty; Provisional on the published rate figures and on non-certification; open and untested on whether the 46-3-12 filing duty and the 46-3-11 nondiscrimination duty reach an attacher, and O.C.G.A. 46-3-11 has not itself been read
AuthoritiesO.C.G.A. 46-3-200.4O.C.G.A. 46-3-12O.C.G.A. 46-3-15Ga. Const. art. III, sec. VI, para. V(d)233 Ga. 759, 213 S.E.2d 596 (1975)Ga. PSC Docket 43453