Filing and approval of an integrated resource plan

(a) On or before January 31, 1992, and at least every three years thereafter as may be determined by the commission, each utility shall file with the commission an integrated resource plan as described in this chapter. (b) Not more than 60 days after a utility has filed its plan, the commission shall convene a public hearing on the adequacy of the plan. At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan. After the hearing, the commission shall determine whether: (1) The utility’s forecast requirements are based on substantially accurate data and an adequate method of forecasting; (2) The plan identifies and takes into account any present and projected reductions in the demand for energy which may result from measures to improve energy efficiency in the industrial, commercial, residential, and energy-producing sectors of the state; and (3) The plan adequately demonstrates the economic, environmental, and other benefits to the state and to customers of the utility, associated with the following possible measures and sources of supply: (A) Improvements in energy efficiency; (B) Pooling of power; (C) Purchases of power from neighboring states; (D) Facilities which operate on alternative sources of energy; (E) Facilities that operate on the principle of cogeneration or hydro-generation; and (F) Other generation facilities and demand-side options. (c) Within 120 days after the filing of each integrated resource plan, the commission shall approve and adopt an integrated resource plan. (Code 1981, § 46-3A-2, enacted by Ga. L. 1991, p. 1696, § 1.) 46-3A-3. Actions prohibited without a certificate of public convenience and necessity. (a) After January 31, 1992, no utility shall commence the construction of an electric plant, sell an existing plant or any portion thereof which is 317 Page: 318 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:54:57 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-3A-3 PUBLIC UTILITIES, ETC. 46-3A-4 included in the retail rate base or which has been certified, enter into a long-term purchase of electric power, or make expenditures for a demand-side capacity option for serving the utility’s Georgia retail customers without having first obtained from the commission a certificate that public convenience and necessity requires, or will require, such construction, sale, purchase, or expenditure. (b) No utility shall increase or decrease the capacity of: (1) A generating unit of an electric power plant; (2) A long-term power purchase; or (3) A demand-side capacity option by more than 15 percent of its demonstrated capacity in megawatts for serving the utility’s Georgia retail customers without first obtaining a certificate or an amendment to a certificate, as appropriate, that public convenience or necessity requires or will require such increase or decrease; provided, however, no certificate shall be required if the increase or decrease is caused by a rule, regulation, or law mandated by any duly constituted local, state, or federal governmental body or agency or is caused by power pooling, forced or maintenance outages, or short-term sales for a period of less than one year. (Code 1981, § 46-3A-3, enacted by Ga. L. 1991, p. 1696, § 1.) 46-3A-4. Issuance of a certificate of public convenience and necessity; application to include plan and cost-benefit analysis. (a) The commission shall issue a certificate upon a finding that there is or will be a need for the proposed capacity resource at the time that the proposed resource is proposed to be utilized to assure an economical and reliable supply of electric power and energy for the Georgia retail customers of a utility, that the certificate is required by the public convenience and necessity, and that the certificate complies with the provisions of this chapter and the rules of the commission. (b) The utility’s application for a certificate shall be accompanied by its current integrated resource plan, whether or not previously filed. (c) The utility’s application for a certificate shall contain a cost-benefit analysis covering the estimated useful life of all capacity resource options considered in developing its current integrated resource plan. The estimated cost of the capacity resource proposed to be certificated shall be presented in such reasonable detail as the commission may require. (Code 1981, § 46-3A-4, enacted by Ga. L. 1991, p. 1696, § 1.) 318 Page: 319 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:54:57 0000 42051-21 46-3A-5 (QS) GA 04 RV34 -- 3rd RUN INTEGRATED RESOURCE PLANNING 46-3A-6 46-3A-5. Application for certificate; hearing; decision; contents of certificate; fee.