Title 46

This article, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. (Code 1981, § 46-4-125, enacted by Ga. L. 1987, p. 745, § 1.) ARTICLE 5 NATURAL GAS COMPETITION AND DEREGULATION

The General Assembly finds that certain political subdivisions of this state now own and operate gas distribution systems to serve their citizens, inhabitants, and customers by providing them with gas for all purposes; and if such political subdivisions are to furnish, and if the…

As used in this article, the term: (1) ‘‘Authority’’ means the Municipal Gas Authority of Georgia and any successor thereto. Any change in name or composition of the authority shall in no way affect the vested rights of any person under this article or impair the obligations of a…

(a) There is created a public body corporate and politic to be known as the Municipal Gas Authority of Georgia, which shall be a public corporation of the State of Georgia and which shall have perpetual existence. The authority, however, shall not be a political subdivision of th…

(a) The authority shall consist of nine members. The first nine members shall be elected as provided in this Code section. (b) On or before June 16, 1987, each of those political subdivisions which have, prior to such date, by proper resolution of their respective governing bodie…

Each member of the authority shall be a resident of one of the political subdivisions represented on the election committee; provided, however, that an employee of the gas department or utility commission of a political subdivision represented on the election committee shall be q…

Upon the expiration of the terms of the first members of the authority, members shall be elected for three-year terms, provided that in the year in which a member’s term is to expire, the term shall not expire until the adjournment of the annual meeting for that year and until a …

(a) Each political subdivision contracting with the authority for all or a substantial portion of its gas supply (other than short-term purchases) following the election of the first nine members of the authority shall designate a representative to the election committee no more …

(a) In elections held by the election committee to elect members to the authority, each political subdivision entitled to representation on the election committee shall have and shall be entitled to have its representative on the election committee cast: (1) one whole vote; (2) p…

Any vacancy in the membership of the authority shall be filled by a new member who shall be elected by the remaining members of the authority and who shall serve until the next meeting of the election committee. At the first meeting of the election committee following the filling…

The authority shall elect from among its membership a chairman, a vice chairman, a secretary-treasurer, and an assistant secretary-treasurer. Such officers shall serve for such terms as shall be prescribed by resolution of the authority or until their successors are elected and q…

At all meetings of the authority, the presence in person of a majority of the members in office shall be necessary for the transaction of business, and the affirmative vote of a majority of the members then in office shall be necessary for any action of the authority. No vacancy …

(a) The annual meeting of the authority shall be held on the anniversary date of the first meeting of the authority unless the date, time, and place of such annual meeting shall otherwise be fixed by resolution of the authority. (b) Special meetings of the authority may be called…

The members of the authority shall not be entitled to compensation for their services, but may be reimbursed by the authority for their actual expenses properly incurred in the performance of their duties. The authority shall make rules and regulations for its own government and …

The election committee shall have the power to remove from office any member of the authority for cause after written notice and public hearing. (Code 1981, § 46-4-93, enacted by Ga. L. 1987, p. 745, § 1.)

The authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings; of all income and receipts of every nature; and of all expenditures of every kind. (Code 1981, § 46-4-94, enacted by Ga. L. 1987, p. 745, § 1.)

The purpose of the authority shall be: (1) to acquire or construct, or to acquire and construct, and to operate and maintain, or to cause to be constructed, operated, and maintained, systems, projects, and facilities for the storage, acquisition, exploration, production, distribu…

(a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this article including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and de…

The authority shall not operate or construct any project for profit, except insofar as any such profit will inure to the benefit of the public. The authority shall fix the rates, fees, and charges consistent with this declaration of policy such as will produce revenues only in am…

(a) It is found, determined, and declared that the creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the authority is an institution of purely public charity performing an essential go…

(a) The authority may contract with any political subdivision of this state which is authorized by Code Section 46-4-100 to make such contracts for the Page: 357 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:23 0000 42051-21 (QS) GA 04 RV34 -- 3rd R…

This article shall be known and may be cited as the ‘‘Natural Gas Competition and Deregulation Act.’’ (Code 1981, § 46-4-150, enacted by Ga. L. 1997, p. 798, § 4.)

(a) The General Assembly finds: Page: 376 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:34 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBLIC UTILITIES, ETC. (1) It is in the public interest to establish a new regulatory model for the natural gas indus…

As used in this article, the term: (1) ‘‘Adequate market conditions’’ means the existence of market conditions in relation to distribution service within a particular delivery group that have been determined pursuant to subsection (b) of Code Section 46-4-156 to warrant customer …

(a)(1) No person other than a gas company or a regulated provider shall sell or offer to sell in intrastate commerce to any retail customer who receives primarily firm service within this state any commodity sales service or distribution service without first obtaining a certific…

(a) Notwithstanding any other provision of this article or Article 4 of Chapter 3 of this title, the commission shall have authority to issue certificates of authority to an EMC gas affiliate but shall not have authority to issue certificates of authority to an electric membershi…

(a) A gas company may elect to become subject to the provisions of this article by filing a notice of election with the commission and by filing an application to establish just and reasonable rates, including separate rates for unbundled services. Pursuant to such application, t…

(a) Except as otherwise provided by this article, an electing distribution company which offers firm distribution service remains subject to the jurisdiction of the commission under this title. Without limiting the generality of the foregoing, the commission shall have general su…

(a) No later than December 31, 1997, the commission shall promulgate regulations which prescribe a methodology for the random assignment to each marketer certificated within a delivery group of each firm retail customer who has not contracted for distribution service from a marke…

(a) If, in an expedited hearing pursuant to the provisions of Chapter 13 of Title 50, the ‘‘Georgia Administrative Procedure Act’’: (1) The commission determines for a specific delivery group, as to which the commission has issued an order pursuant to subsection (b) of Page: 398 …

(a) An electing distribution company which provides firm distribution service under this article must: (1) Offer an allocation of such distribution service to marketers separately from any commodity sales service or other service; (2) Provide such allocation of such distribution …

(a)(1) Not later than September 1, 2002, the commission shall promulgate rules and regulations to establish service quality standards for each electing distribution company, including, but not limited to, minimum performance standards for posting data on the electronic bulletin b…

The commission shall by September 1, 2002, adopt rules governing a marketer’s terms of service for natural gas consumers. Such rules shall provide, without limitation, that: Page: 403 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:54 0000 42051-21 (Q…

The commission shall, by September 1, 2002, adopt rules and regulations requiring marketers which provide firm distribution service under this article to provide adequate and accurate consumer information to enable consumers to make informed choices regarding the purchase of natu…

The commission shall by September 1, 2002, adopt rules establishing minimum standards for a marketer’s terms and conditions of service for various classes of firm retail customers that are nonresidential and small businesses. In defining such classes, the commission may consider …

The commission shall continually review marketers’ compliance with rules promulgated in accordance with Code Sections 46-4-158.2, 46-4-158.3, and 46-4-158.4. (Code 1981, § 46-4-158.5, enacted by Ga. L. 2002, p. 475, § 15.) Effective date. — This Code section became effective Apri…

(a) As used in this Code section and notwithstanding any other provision of this article, the term: (1) ‘‘Control’’ includes without limitation the possession, directly or indirectly and whether acting alone or in conjunction with others, of the authority to direct or cause the d…

(a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to: (1) Adopt reasonable rules and regulations governing the certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a certificate; (3) Ado…

In any case where there is a dispute between a marketer and a retail customer concerning the amount of a gas bill, the marketer shall be required to confer by telephone or some other verifiable means with the retail customer in an attempt to resolve such dispute. In case of any s…

(a) Whenever a marketer discovers or has called to its attention a billing error or other mistake reported to or acknowledged by the marketer, the marketer shall have 30 days to correct the billing error from the date said error is reported to or acknowledged by the marketer. If …

In order to assist low-income residential consumers, the commission may establish a system by which each marketer’s customers may make voluntary contributions to assist low-income residential consumers. Contributions received by a marketer shall be deposited in the universal serv…

(a) There is created the Natural Gas Consumer Education Advisory Board, whose duty it shall be to advise and make recommendations to the director of the consumers’ utility counsel division of the Governor’s Office of Consumer Affairs. The board shall consist of five members who s…

(a) Any retail customer who is damaged by a marketer’s violation of any provision of Code Section 46-4-160, any duly promulgated rules or regulations issued under such Code section, or any commission order shall be entitled to maintain a civil action and shall be entitled to reco…

(a) The commission shall create for each electing distribution company a universal service fund for the purpose of: (1) Assuring that gas is available for sale by marketers to firm retail customers within the territory certificated to each such marketer; (2) Enabling the electing…

Nothing in this article shall be construed to prohibit the commission from approving, upon application by a gas company, pilot programs which allow increased customer choice on such gas company’s distribution system but which are not otherwise subject to the provisions of this ar…

Any special or negotiated contract between a gas company and a retail customer approved by the commission shall not be invalidated or modified by the provisions of this article. (Code 1981, § 46-4-163, enacted by Ga. L. 1997, p. 798, § 4.)