Title 46 — Title 46

As used in this title, the term: (1) ‘‘Carrier’’ means a person who undertakes the transporting of goods or passengers for compensation. (2) ‘‘Certificate’’ means a certificate of public convenience and necessity issued pursuant to this title. (3) ‘‘Commission’’ means the Public …

Unless otherwise provided by Georgia law and not preempted by federal law or unless provided or allowed by federal law, the provisions of this title relating to carriers engaged in the transportation of passengers or goods within this state shall not apply to carriers engaged in …

— General rules of the Georgia Public Service Commission and of the State Department of Transportation, Official Compilation of Rules and Regulations of State of Georgia, entities regulated by commission. Applicability of title to carriers engaged in interstate commerce. Duties o…

(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…

(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 …

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 …

(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 …

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.)

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…

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…

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 …

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…

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…

The Utility Finance Section shall have the following authority and relationship to the commission: (1) The section shall be part of the commission staff; and (2) The section shall be deemed a party to any proceeding to consider rates in which it participates, provided that it sha…

(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…

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.)

(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…

Ga. PSC, 293 Ga. App. 786, 668 S.E.2d 296 (2008). Superior court failed to address basis for agency’s conclusions. — Judgment reversing a decision of the Georgia Department of Transportation overruling an administrative law judge’s finding that one owner had a valid multiple messa…

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;…

(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…

(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…

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…

Standard Tel. Co., 243 Ga. App. 301, 533 S.E.2d 162 (2000). Violations of O.C.G.A. § 46-2-25.1 or O.C.G.A. § 46-2-25.2 did not impose any duties or obligations upon telecommunication providers, a violation of which would 72 Page: 73 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.…

(a) Any person, firm, or corporation (referred to in this Code section as a ‘‘utility’’) subject to the jurisdiction of the commission, which utility willfully violates any law administered by the commission or any duly promulgated regulation issued thereunder or which fails, neg…

(a) Every company under the jurisdiction of the commission, and all officers, agents, and employees of every such company, shall obey, observe, and comply with every order made by the commission under authority of law. Any company under the jurisdiction of the commission, or any …

The commission may bring a civil action to enjoin the violation of any law administered by the commission or any rule, order, or regulation established by the commission. It shall not be necessary to allege or prove that there is no adequate remedy at law to obtain an injunction …

(a) Each electric utility shall provide for the appointment by its board of directors of an audit committee consisting solely of directors who are not officers or employees of the electric utility. Such audit committee shall make an annual examination into the affairs of the elec…

(a) Not more frequently than every five years, the commission shall cause to be performed a management audit of each electric utility to determine whether it is being managed in an efficient and effective manner. (b) The management audit provided for in this Code section shall be…

This part shall be known as the ‘‘Georgia Territorial Electric Service Act.’’ (Ga. L. 1973, p. 200, § 1.)

Whereas certain political subdivisions of this state now own and operate electric distribution systems to serve their citizens, inhabitants, and customers by providing them electricity for all purposes; and whereas, if such political subdivisions are to furnish, and if the member…

As used in this article, the term: (1) ‘‘Authority’’ means the Municipal Electric 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…

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 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 qualifi…

All electric membership corporations which furnish service in the State of Georgia and all municipalities, whether incorporated by this state or not, 137 Page: 138 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:52:47 0000 42051-21 (QS) GA 04 RV34 -- 3rd…

The election committee shall have the power to remove from office any member of the authority for cause after written notice and public hearing. (Ga. L. 1975, p. 107, § 4.) 46-3-124. Books and records generally.

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. (Ga. L. 1975, p. 107, § 4.) 46-3-125. Purpose of authority.

The purpose of the authority shall be to acquire or construct, or to acquire and construct, and to operate and maintain, or to cause to be constructed, operated, and maintained, electric generation and transmission facilities. In addition, it shall be the purpose of the authority…

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 defend…

At any time, upon its own complaint or the complaint of any other electric supplier or any other interested party, the commission shall have the authority and jurisdiction, after notice to all affected electric suppliers and other interested parties, and after a hearing, to enfor…

The political subdivisions with which the authority shall be authorized to contract to provide an electric power supply pursuant to this article shall be those political subdivisions of this state which, on March 18, 1975, owned and operated an electric distribution system. (Ga. …

In all cases where the authority has adopted a resolution for the issuance of revenue bonds, and where notice has been duly served upon the district attorney for the purpose of securing a judicial validation of such bonds and the security therefor, and where, in such case, there …

(a) In the discretion of the authority, any issue of revenue bonds may be secured by a trust agreement or indenture made by the authority with a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state. Such trust…

(a) If any bond becomes mutilated or is lost, stolen, or destroyed, the authority may execute and deliver a new bond of like date of issue, maturity date, principal amount, and interest rate per annum as the bond so mutilated, lost, stolen, or destroyed, which new bond shall have…

Interest shall cease to accrue on any bond on the date that such bond becomes due for payment if said payment is made or duly provided for, but liability for such bond and for the accrued interest thereon shall continue until such bond is 20 years overdue for payment. At that tim…

Legislative findings and declaration of policy. Definitions. Assignment or declaration as unassigned areas-B of geographic areas outside municipal limits as of March 29, 1973. Assignment of geographic areas within municipal limits as of March 29, 1973. Assignment and unassignment…

Unless otherwise directed by the authority, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked ‘‘canceled’’ and shall be delivered by the paying agent making payment thereof to the authority, whereupon the evidence of indebtedne…

The fiscal officer of the authority or his agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, cancellation, …

The authority may appoint one or more paying agents for each issue or series or installment of bonds. Every such paying agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust…

(a) The authority shall have the power and is authorized, whenever revenue bonds of the authority have been validated as provided in Code Section 46-3-131, to issue from time to time its negotiable notes in anticipation of the issuance of such bonds as validated and to renew from…

Notwithstanding any other law to the contrary, every evidence of indebtedness issued under this article shall have all the rights and incidences of negotiable instruments, subject to provisions for registration. (Ga. L. 1975, p. 107, § 15.) 46-3-145. Liability of members of autho…