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Georgia Statutes, Title 46

Georgia/Statutes

← All Georgia coverage

Title 46

14 chapters · 842 sections in this title.

All chapters in Title 46842 Ch 3, ELECTRICAL SERVICE209 Ch 5, TELEPHONE AND TELEGRAPH SERVICE133 Ch 8, RAILROAD COMPANIES128 Ch 9, TRANSPORTATION OF FREIGHT AND PASSEN…106 Ch 4, DISTRIBUTION, STORAGE, AND SALE OF GAS104 Ch 2, PUBLIC SERVICE COMMISSION58 Ch 7, MOTOR CARRIERS53 Ch 4A, PROVISION OF ENERGY CONSERVATION ASS…14 Ch 3A, INTEGRATED RESOURCE PLANNING11 Ch 10, CONSUMERS’ UTILITY COUNSEL DIVISION9 Ch 11, TRANSPORTATION OF HAZARDOUS MATERIALS6 Ch 1, GENERAL PROVISIONS5 Ch 8A, RAPID RAIL PASSENGER SERVICE4 Ch 2A, ELECTRIC UTILITIES GENERALLY2

58 sections·Filtered byTitle 46✕Ch 2✕

O.C.G.A. § 46-2-1 Election of Commissioners; terms of office
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(a) The Georgia Public Service Commission shall consist of five members to be elected as provided in this Code section. The members in office on January 1, 2000, and any member appointed or elected to fill a vacancy in such membership prior to the expiration of a term of office s…
O.C.G.A. § 46-2-10 Payment of special fee by corporations and utilities subject to jurisdiction of commission; notice of amount due; procedure on default
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(a) There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such…
O.C.G.A. § 46-2-2 Qualifications of Commissioners; restriction on any interest in companies under jurisdiction of commission; disqualification of Commissioner
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(a) Any person who is at least 30 years of age, is qualified to vote as an elector, and is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that participates in the benefit of any pool, combination, trust, contract, or a…
Oath of office of Commissioners

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O.C.G.A. § 46-2-3

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The Commissioners shall take an oath of office, the wording of which shall be determined by the Governor. (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a; Civil Code 1895, § 2185; Civil Code 1910, § 2619; Code 1933, § 93-203.)

O.C.G.A. § 46-2-4 Filling of vacancies on commission

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Any vacancy in the commission shall be filled by the Governor. Any person so appointed shall hold his office until the next regular general election and until his successor for the balance of the unexpired term has been elected and has qualified. (Ga. L. 1906, p. 100, § 4; Civil …

O.C.G.A. § 46-2-5 Chairman of commission; selection

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(a) There shall be a chairman of the commission. The chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 19…

O.C.G.A. § 46-2-6 Salary of Commissioners

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The salary of each Commissioner shall be as provided in Code Section 45-7-4, provided that nothing in this Code section or in Code Section 46-2-5 shall entitle an emeritus commissioner to a salary greater than $12,000.00 per annum. (Ga. L. 1878-79, p. 125, § 1; Code 1882, § 719a;…

O.C.G.A. § 46-2-7 Employment of officers, experts, and other employees by commission; compensation of employees

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The commission shall have power to employ such officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees as it may deem necessary to perform the duties and exercise the powers conferred by law upon the commission. The compensation of such e…

O.C.G.A. § 46-2-7.1 Director of utilities

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(a) On or before July 1, 1981, the commission shall employ a director of utilities, who shall serve at the pleasure of the commission and whose salary shall be set by the commission. (b) The director of utilities shall: (1) Direct the activities of the utility divisions and secti…

O.C.G.A. § 46-2-7.2 Public information officer

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(a) On or before September 1, 1981, the commission shall employ a public information officer, who shall serve at the pleasure of the commission. (b) The public information officer shall: (1) Report directly to the executive secretary; (2) Maintain the commission’s public informat…

O.C.G.A. § 46-2-8 Payment of salaries and expenses by commission; appropriations for salaries and expenses; designation of Public Service Commission Fund

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The salaries fixed by the commission for its officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees, and fixed by Code Section 45-7-4 for Commissioners, shall be paid monthly from the funds provided for the use of the commission after be…

O.C.G.A. § 46-2-9 Domicile of commission; jurisdiction of actions involving commission or business entities regulated by commission; furnishing commission with office and supplies

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(a) The domicile of the commission is fixed at the capital; and no courts of this state other than those of Fulton County shall have or take jurisdiction in any action brought or instituted against the commission or on account of any of its orders or rules, provided that nothing …

O.C.G.A. § 46-2-20 Jurisdiction of commission generally; powers and duties of commission generally

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(a) Except as otherwise provided by law, the commission shall have the general supervision of all common carriers, express companies, railroad or street railroad companies, dock or wharfage companies, terminal or terminal station companies, telephone and telegraph companies, gas …

O.C.G.A. § 46-2-22 Jurisdiction of commission over express companies and telegraph companies

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All companies owning, controlling, or operating lines of express or telegraph which are in whole or in part in this state shall be under the control of the commission, which shall have full power to regulate the prices charged by any such company for any service performed by such…

O.C.G.A. § 46-2-23 Rate-making power of commission generally; special provisions concerning telecommunications companies

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(a) The commission shall have exclusive power to determine what are just and reasonable rates and charges to be made by any person, firm, or corporation subject to its jurisdiction. (b) As to those telecommunications companies subject to the jurisdiction of the commission, the co…

O.C.G.A. § 46-2-23.1 ‘‘Alternative form of regulation’’ defined; filing; notice; approval; release of interstate pipeline capacity

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(a) As used in this Code section, the term ‘‘alternative form of regulation’’ means a method of establishing just and reasonable rates and charges for a gas company by performance based regulation without regard to methods based strictly upon cost of service, rate base, and rate …

O.C.G.A. § 46-2-24 Consideration by commission of quality of service in determining just and reasonable rates and charges

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In determining what are just and reasonable rates and charges to be made by any person, firm, or corporation (referred to in this Code section as a ‘‘utility’’) subject to its jurisdiction, the commission is authorized and is directed to consider the quality of the service render…

O.C.G.A. § 46-2-25 Procedure for changing any rate, charge, classification, or service

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(a) No person, firm, or corporation (referred to in this Code section as a ‘‘utility’’) subject to the jurisdiction of the commission shall make any change in any rate, charge, classification, or service subject to the jurisdiction of the commission, or in any rule or regulation …

O.C.G.A. § 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

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(a) Except as provided in subsection (b) of this Code section, on and after July 1, 1990, the commission shall not approve any rate schedule which authorizes a long-distance charge for calls between two telephones within the same county. Where two or more telephone companies oper…

O.C.G.A. § 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

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(a) It is the goal of this Code section to provide for toll-free calling between two telephones where the central offices serving such telephones are within 16 miles of each other. (b) Except as provided in subsection (e) of this Code section, on and after July 1, 1992, the Publi…

O.C.G.A. § 46-2-25.3 Toll-free calls within 22 miles of exchange; hearings; ‘‘net gain’’ defined

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(a) On and after June 1, 1998, there shall be toll-free calling between two telephones within a 22 mile radius of an exchange serving such telephones as such 22 mile calling areas are designated on maps on file with the commission in any local exchange as provided in subsection (…

O.C.G.A. § 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 requirem

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(a) As used in this Code section, the term: (1) ‘‘Fuel costs’’ of a utility company means the cost of fuel as defined in the utility company’s tariffs in effect on July 1, 1979, as such tariffs may be changed from time to time by order of the commission as provided by law. (2) ‘‘…

O.C.G.A. § 46-2-26.1 Accounting methods to be used by electric utilities in rate-making proceedings

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(a) The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by an electric utility. (b) In any proceeding to determine the rates to be charged by an electric utility, the electric utility sh…

O.C.G.A. § 46-2-26.2 Tax accounting by utilities in rate-making proceedings

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For purposes of determining a utility’s cost of service in rate-making proceedings, the income tax expense portion shall be calculated on the basis of net income before income taxes. Any difference between income based on the utility’s accounting records and income determined in …

O.C.G.A. § 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

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(a) A utility regulated by the Public Service Commission which has 25 percent or more of its total generating capacity as oil-fired generation and operates any electric generating facility which was in the process of being converted on January 1, 1982, and which will be converted…

O.C.G.A. § 46-2-26.4 Accounting procedures in gas utility rate proceedings

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(a) The accounting treatments specified in this Code section shall apply in any proceeding before the commission to determine the rates to be charged by a gas utility. (b) In any proceeding commenced after April 1, 2002, to determine the rates to be charged by a gas utility, the …

O.C.G.A. § 46-2-26.5 Gas supply plans and adjustment factors; filings and hearing procedures; recovery of purchase gas cost

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(a) As used in this Code section, the term: (1) ‘‘Adjustment factor’’ means a factor used pursuant to a purchased gas adjustment rate to recover purchased gas costs. (2) ‘‘Commission’’ means the Georgia Public Service Commission. (3) ‘‘Firm customer’’ means a customer who purchas…

O.C.G.A. § 46-2-27 Notation on bill of charges for fuel adjustment, meter reading and consumption, and where rates charged may be obtained

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Upon the face or back of each periodic and terminal billing for retail consumption of electric, gas, and water services, there shall appear a conspicuous notation of charges for fuel adjustment and a notation of the meter reading upon which the billing was computed, including the…

O.C.G.A. § 46-2-28 Procedure for issuance of stocks, bonds, notes, or other debt by companies under commission’s jurisdiction

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(a) Each of the companies over which the commission has jurisdiction shall be required to furnish the commission a list of any stocks and bonds the issuance of which is contemplated. (b) It shall be unlawful for any of such companies to issue stocks, bonds, notes, or other eviden…

O.C.G.A. § 46-2-29 Requirement of confidentiality of information obtained by commission member or employee in a proceeding under Code Section 46-2-28

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(a) No member or employee of the commission shall, except when legally called upon by a court of competent jurisdiction, disclose or impart to anyone any fact which was obtained in his official capacity from or through any proceeding filed with the commission under Code Section 4…

O.C.G.A. § 46-2-30 Power of commission to make rules and regulations generally

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The commission shall have full power and authority to make rules and regulations to effectuate and implement all laws conferring powers and duties upon the commission. Any rule or regulation adopted by the commission shall be transmitted to the chairman of the appropriate committ…

O.C.G.A. § 46-2-31 Annual report by commission to Governor

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It shall be the duty of the commission to make annual reports of its activities to the Governor and to recommend from time to time such legislation as it may deem advisable. (Ga. L. 1878-79, p. 125, § 14; Code 1882, § 719n; Ga. L. 1889, p. 133, § 1; Civil Code 1895, § 2201; Civil…

O.C.G.A. § 46-2-32 Payment of fines into state treasury; cumulative nature of remedies provided by this title

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All fines recovered under this title shall be paid into the general fund of the state treasury, to be used for such purposes as the General Assembly may provide. The remedies provided in this title shall be regarded as cumulative of all other remedies given by law against railroa…

O.C.G.A. § 46-2-40 Creation of Utility Finance Section; composition of section

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There is established a Utility Finance Section of the commission staff, which section shall have the powers and duties specified in this article. The section shall consist of a director, an assistant director, and such accountants, statisticians, experts, and clerical personnel a…

O.C.G.A. § 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

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(a) On or before December 31, 1981, the commission by order shall employ an individual qualified by knowledge and experience to serve as director of the Utility Finance Section. The director shall be compensated in an amount determined by the commission. He shall serve at the ple…

O.C.G.A. § 46-2-42 Employment of assistant director of Utility Finance Section; employment of accountants, statisticians, experts, and clerical personnel; classification of employees

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(a) The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the commission and as provided by law. (b) The director shall employ such accountants, statisticians, experts, and clerical personnel as are necessary for t…

O.C.G.A. § 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

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During the period of his employment and for one year following the termination of his employment, neither the director of the Utility Finance Section, the assistant director of the section, nor any other employee of the section shall own any interest of any kind in or be retained…

O.C.G.A. § 46-2-44 Duties of Utility Finance Section generally

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The duties of the Utility Finance Section shall include the following: (1) Preparing a budget for the section for submission by the director of the section to the director of utilities to secure the necessary appropriations to finance the activities of the section; (2) Investigat…

O.C.G.A. § 46-2-57 After such hearings as are required, whether they are completed before or after the rate, charge, classification, or service goes into effect, the commission may make such orders as are proper with re

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The commission is empowered to reduce or revoke any such suspension with respect to all or any part of such schedule. If the proceeding has not been concluded and an order not made at the expiration of the suspension period, the proposed change of rate, charge, classification, or…

O.C.G.A. § 46-2-50 Conducting of hearings and investigations generally

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The commission shall conduct hearings and investigations in different parts of the state when, in the opinion of the commission, such hearings and investigations will best serve the interest and convenience of the public. (Ga. L. 1922, p. 143, § 3; Code 1933, § 93-502.)

O.C.G.A. § 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

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The commission shall prescribe the rules of procedure and the rules for the taking of evidence in all matters that may come before it. In the investigation, preparation, and hearing of cases, the commission shall not be bound by the strict technical rules of pleading and evidence…

O.C.G.A. § 46-2-52 Keeping of records of proceedings on formal investigations; transcribing of testimony

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A full and complete record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 shall be kept of all proceedings conducted before the commission on any formal investigation; and all testimony shall be transcribed by the official reporter appointed by the commis…

O.C.G.A. § 46-2-53 Reports, rate schedules, orders, rules, or regulations of commission as admissible evidence in court proceedings

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The printed reports of the commission, published by its authority, shall be admissible as evidence in any court in this state without further proof. The schedules of rates made by the commission, and any order passed or rule or regulation prescribed by the commission, shall be ad…

O.C.G.A. § 46-2-54 Power to issue subpoenas; payments to witnesses; failure or refusal to obey subpoenas

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(a) In making any examination for the purpose of obtaining information pursuant to this title, the commission shall have the power to issue subpoenas for the attendance of witnesses by such rules as it may prescribe. Page: 95 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date…

O.C.G.A. § 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

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In investigating complaints of violations by common carriers of the laws prohibiting the giving or granting of rebates and prohibiting unjust discrimination in rates and charges, the commission may exercise the power and authority to compel the shipper or consignee, or any office…

O.C.G.A. § 46-2-56 Compelling witnesses to testify against common carriers or any other person in court

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If a witness is exempted from indictment or prosecution as provided in Code Section 46-2-55, he may also be compelled to give evidence in any action or prosecution instituted in any of the courts of this state against any common carrier or against any other person on account of t…

O.C.G.A. § 46-2-58 Conducting of hearings by hearing officers

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(a) The commission shall employ one or more hearing officers to perform the duties set forth in this Code section. Hearing officers shall be persons qualified by knowledge and experience to conduct hearings on utility and transportation matters. In addition, the commission may em…

O.C.G.A. § 46-2-70 Definitions

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As used in this article, the term: (1) ‘‘Corporation’’ means any private corporation, municipal corporation, joint-stock company, partnership, association, business trust, or other organized group of persons, whether incorporated or not, or a receiver or trustee of any of the for…

O.C.G.A. § 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 po

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(a) Subject to subsection (b) of this Code section, the commission shall have the power and authority to allocate any utility service in such manner as it deems proper in order to protect the public health, safety, or welfare, including for such purposes the power and authority t…

O.C.G.A. § 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

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Any person who supplies, furnishes, sells, limits, withholds, receives, or otherwise acts with respect to any utility service in accordance with a directive, ruling, or order entered by the commission pursuant to the authority granted by Code Section 46-2-71 will not be held liab…