Jurisdiction of commission over cogeneration facilities

(a) Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in subsection (b) of this Code section. (b) Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the commission; provided, however, that nothing in 155 Page: 156 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:53:2 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-3-53 PUBLIC UTILITIES, ETC. 46-3-55 this article shall except a person from compliance with federal law. (Ga. L. 1979, p. 389, § 4; Code 1981, § 46-3-52; Ga. L. 1981, p. 808, § 1; Code 1981, § 46-3-53, as redesignated by Ga. L. 2001, p. 1149, § 1; Ga. L. 2002, p. 415, § 46.) The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted ‘‘except’’ for ‘‘affect’’ in subsection (b).