Title 46

(a) Upon revoking any such certificate of authority, the Secretary of State shall: (1) Issue a certificate of revocation in duplicate; (2) File one of such certificates in his office; and Page: 304 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:54:47 00…

(a) A foreign electric cooperative whose certificate of authority has been revoked by the Secretary of State under the conditions prescribed by Code Section 46-3-466 shall be reinstated by the Secretary of State by the issuance of a certificate of reinstatement. The certificate o…

(a) A foreign electric cooperative that is required under this article to obtain a certificate of authority but fails to do so shall be liable to this state for the years or parts thereof during which it transacted business in this state without a certificate of authority, in an …

(a) Each electric membership corporation and each foreign electric cooperative authorized to transact business in this state shall file, within the time prescribed by this article, an annual report setting forth: (1) The name of the electric membership corporation or foreign elec…

The annual report of an electric membership corporation or foreign electric cooperative shall be delivered to the Secretary of State between January 1 and April 1 of each year, except that the initial annual report of a foreign electric cooperative shall be filed with its applica…

The Secretary of State shall charge and collect in accordance with this article: (1) Fees for filing documents and issuing certificates; and (2) Miscellaneous charges. (Code 1933, § 34C-1401, enacted by Ga. L. 1981, p. 1587, § 1.)

The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation ................................................. $ 15.00 (2) Filing articles of amendment and issuing a certificate of amendment .................…

The Secretary of State shall charge and collect: (1) For furnishing a certified copy of any document, instrument, or paper relating to an electric membership corporation or foreign electric cooperative, 30¢ per page and $1.00 for the certificate and affixing the seal thereto; (2)…

The fee to be allowed to publishers for publishing any notice required under this article shall be $15.00 for each insertion. (Code 1933, § 34C-1404, enacted by Ga. L. 1981, p. 1587, § 1.) Part 16 Provisions Relating to the Secretary of State

The Secretary of State shall have such power and authority as is reasonably necessary to enable him to administer this article efficiently and to perform the duties imposed upon him by this article, including, without limitation, the power and authority to employ from time to tim…

The Secretary of State may propound to any electric membership corporation or foreign electric cooperative subject to this article, and to any Page: 311 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:54:52 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN ELECTR…

Interrogatories propounded by the Secretary of State and the answers thereto shall not be open to public inspection, nor shall the Secretary of State disclose any facts or information obtained therefrom except insofar as his official duty may require the same to be made public or…

(a) If the Secretary of State refuses to grant a name certificate, revokes the reservation of a corporate name as provided in subsection (e) of Code Section 46-3-221, or refuses to file any articles of incorporation, amendment, merger, consolidation, or dissolution, or any other …

(a) Each electric membership corporation and each foreign electric cooperative that fails or refuses to file its annual report for any year shall be subject to a civil penalty of $25.00 for each year in which it so fails or refuses. (b) Each foreign electric cooperative that tran…

(a) When an officer or director of an electric membership corporation or foreign electric cooperative fails or refuses within the time prescribed by Code Section 46-3-521 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with…

Definitions. Creation of authority; status of authority as instrumentality of state; location of principal office and legal situs or residence of authority. Number of members of authority; creation of Municipal Electric Committee of Georgia Membership Election Committee; designat…

(c) Nothing in this article shall be construed to allow or authorize an electing distribution company, a certificated marketer, or a regulated provider of natural gas to engage in the production, transportation, marketing, or distribution of liquefied petroleum gas; provided, how…

Nonprofit operation of electric membership corporations required; rates and fees to cover costs of operation and interest payments and for maintaining reserves; bylaw provisions concerning revenues, assets, and member classification. Return of revenues upon death of member. Part …

Purpose of part. Definitions. Required conditions for commencing work within ten feet of high-voltage line. Utilities protection center; funding of activities; notice of work; delay; responsibility for completing safety requirements. Allocation of expense of precautionary measure…

Procedure for consolidation generally. Approval of merger or consolidation plan by members. Contents of articles of merger or articles of consolidation; obtaining of certificate from Secretary of State upon use of new name; procedures involving filing, issuance, rejection, and pu…

As used in this chapter: (1) ‘‘Capacity resource’’ means an electric plant, a long-term power purchase, or a demand-side capacity option. (2) ‘‘Commission’’ means the Georgia Public Service Commission. (3) ‘‘Construction’’ means clearing of land, excavation, or other substantial …

In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission’s decision in any certification, recertification, modification, or construction review proceeding shall be based on evidence of record…

This chapter shall not apply to any provider of wholesale or retail electric service whose rates are not fixed by the commission. (Code 1981, § 46-3A-11, enacted by Ga. L. 1991, p. 1696, § 1.) Page: 323 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:…

(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,…

(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 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 P…

(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 Georgi…

(a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter. (b) No sooner than 30 days after an application is made for a certificate or an amendment, the commission shal…

Upon application of a utility or upon its own motion, the commission may reexamine any certificate granted under this chapter to determine Page: 320 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:54:58 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN PUBLIC UTI…

(a) So long as the commission has not modified or revoked the certificate for an electric plant under Code Section 46-3A-6 and to the extent the utility seeks to add to its rate base upon completion of the plant construction costs that do not exceed 100 percent of those approved …

The approved or actual cost, whichever is less, of purchase of any certificated long-term power purchase shall be recovered in rates by the utility, along with an additional sum as determined by the commission to encourage such purchases. The commission shall consider lost revenu…

The approved or actual cost, whichever is less, of any certificated demand-side capacity option shall be recovered by the utility in rates, along with an additional sum as determined by the commission to encourage the development of such resources. The commission shall consider l…

The commission may bring a civil action to enjoin the violation of any rule, order, or regulation established by the commission for the safe installation and operation of all natural gas transmission and distribution facilities within this state. (Code 1933, § 93-419, enacted by …

As used in this article, the term ‘‘person’’ means any corporation, whether public or private; company; individual; firm; partnership; or association. (Ga. L. 1956, p. 104, § 14.)

(a) No person shall construct or operate in intrastate commerce within this state any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas without first obtaining from the commission a certificate …

The manner and form of application for a certificate of public convenience and necessity provided for in Code Section 46-4-21 shall be established by such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application, the commis…

The commission shall have power, after hearing, to issue the certificate of public convenience and necessity, as prayed for, or to refuse to issue the same, or to issue it for the construction, operation, or acquisition of a portion only of the contemplated pipeline or distributi…

(a) Any person engaged in the construction or operation of any pipeline or distribution system, or any extension thereof, as of February 17, 1956, shall be entitled to receive a certificate of public convenience and necessity from the commission authorizing that person to continu…

(a) In determining whether a certificate of public convenience and necessity shall be granted, the commission must consider the following: (1) Whether existing gas pipelines or distribution systems are adequate to meet the reasonable public needs; (2) The volume of demand for suc…

If any person in constructing or extending his pipeline or distribution system unreasonably interferes or is about to interfere unreasonably with any pipeline or distribution system or service of any other person, the commission, on its own initiative or on complaint of any perso…

(a) At any time after notice and opportunity to be heard, and for reasonable cause, the commission may suspend, revoke, alter, or amend any certificate issued under this article if it appears that the holder of the certificate has willfully violated or refused to observe any of t…

Any certificate of public convenience and necessity issued under this article may be transferred or hypothecated only upon application to and approval by the commission. (Ga. L. 1956, p. 104, § 10.)

Whenever a certificate of public convenience and necessity has been issued to a gas distribution system and a controversy arises as to whether an extension of service should or should not be made within the territory included in the certificate, the commission shall have jurisdic…

The commission is authorized to adopt such rules and orders as it may deem necessary in the enforcement of this article. Without limiting its authority to adopt rules and orders in general, the commission may by such rules and orders determine not only the locations or territorie…

Nothing in this article shall be construed to apply to liquefied petroleum gas sold in liquid form under pressure. (Ga. L. 1956, p. 104, § 11.)

Notwithstanding any other statute or ordinance to the contrary, the requirements of this article for a certificate of public convenience and Page: 333 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:55:8 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN DISTRIBUT…

In addition to the civil monetary penalty provided for in Code Section 46-4-35, the commission may bring a civil action to enjoin a violation of any provision of this article or of any rule, regulation, or order issued by the commission under this article. In order to obtain this…