GA Code § 46-4-152 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 4 - Distribution, Storage, and Sale of Gas|Article 5 - Natural Gas Competition and Deregulation|§ 46-4-152. Definitions

 As used in this article, the term:    "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 assignment.   "Affiliate" means another person which controls, is controlled by, or is under common control with such person.   "Ancillary service" means a service that is ancillary to the receipt or delivery of natural gas, including without limitation storage, balancing, peaking, and customer services.   "Commodity sales service" means the sale of natural gas exclusive of any distribution or ancillary service.  (4.1) "Consumer" means a retail customer of commodity sales service or of firm distribution service who uses such service or services primarily for personal, family, or household purposes.    "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 direction of the management or policies of a person. A voting interest of 10 percent or more creates a rebuttable presumption of control. A voting interest of 25 percent or more is deemed to constitute control. The term control includes the terms controlling, controlled by, and under control with.  (5.1) "Cramming" means billing for goods or services not requested or authorized by a consumer.    "Customer assignment" means the process described in subsection (e) of Code Section 46-4-156 whereby retail customers within a particular distribution group who are not under contract for distribution service from a marketer are randomly assigned to certificated marketers.   "Customer service" means a function related to serving a retail customer including without limitation billing, meter reading, turn-on service, and turn-off service. Notwithstanding any provision of law to the contrary, any person may perform one or more customer services without first becoming certificated in accordance with Code Section 46-4-153; provided, however, that such service may only be performed in compliance with all state and federal laws pertaining to the safety of natural gas pipelines and distribution systems and any other applicable safety standards.   "Delivery group" means a set of individual delivery points on one or more interstate pipeline suppliers to a gas company that may be aggregated and utilized for the distribution of gas to a particular set of retail customers.   "Distribution service" means the delivery of natural gas by and through the intrastate instrumentalities and facilities of a gas company or of a marketer certificated pursuant to Code Section 46-4-153, regardless of the party having title to the natural gas.   "Electing distribution company" means a gas company which elects to become subject to the provisions of this article and satisfies the requirements of Code Section 46-4-154.  (10.1) "Electric membership corporation" or "EMC" means any person defined in paragraph (3) or (5) of Code Section 46-3-171.   (10.2) "Electric utility" means any electric power company subject to the rate regulation of the commission in accordance with Code Sections 46-2-20 and 46-2-21.   (10.3) "Electricity activities" means all activities associated with the generation, transportation, marketing, and distribution of electricity.   (10.4) "EMC gas affiliate" means a separately organized person, the majority interest of which is owned or held by or, with respect to a cooperative, managed by one or more cooperatives or electric membership corporations and which applies to the commission for a certificate of authority pursuant to Code Section 46-4-153.    "Firm" means a type of distribution service which ordinarily is not subject to interruption or curtailment.  (11.1) "Gas activities" means all activities associated with the transportation, marketing, and distribution of natural gas conducted by a person certificated pursuant to Code Section 46-4-153. Such term shall not mean the production, transportation, marketing, or distribution of liquefied petroleum gas.    "Interruptible" means a type of distribution service which is subject to interruption or curtailment.  (12.1) "Low-income residential consumer" means any person who meets the definition of a person who is qualified for the Low Income Home Energy Assistance Program, as promulgated by the Department of Human Services, pursuant to Code Section 46-1-5.   (12.2) "Majority interest" means the ownership of greater than 50 percent of:    The partnership interests in a general or limited partnership;   The membership interests of a limited liability company; or   The stock in a for profit corporation which entitles the shareholder to vote and share in common or preferred dividends.     "Marketer" means any person certificated by the commission to provide commodity sales service or distribution services pursuant to Code Section 46-4-153 and ancillary services incident thereto.   "Person" means any corporation, whether public or private; company; individual; firm; partnership; or association, including a cooperative or an electric membership corporation.  (14.1) "Regulated gas service" means gas service provided by a regulated provider of natural gas.   (14.2) "Regulated provider of natural gas" means the entity selected by the commission to provide to consumers natural gas commodity service and ancillary services incident thereto in accordance with Code Section 46-4-166.    "Retail customer" or "retail purchaser" means a person who purchases commodity sales service or distribution service and such purchase is not for the purpose of resale.  (15.1) "Slamming" means changing or causing a change of a consumer's service from one marketer or provider to another marketer or provider without request or authorization from the consumer.    "Straight fixed variable" means a rate form in which the fixed costs of providing distribution service are recovered through one or more fixed components and the variable costs are recovered through one or more variable components.   "Winter heating season" means the calendar days from October 1 of one year through March 31, inclusive, of the following year.     (Code 1981, §46-4-152, enacted by Ga. L. 1997, p. 798, § 4; Ga. L. 2002, p. 475, § 7; Ga. L. 2009, p. 453, § 2-2/HB 228.)    The 2002 amendment,  effective April 25, 2002, added paragraphs (4.1), (5.1), (10.1), (10.2), (10.3), (10.4), (11.1), (12.1), (12.2), (14.1), (14.2), and (15.1), added the last sentence in paragraph (7), substituted "and ancillary" for "or ancillary" near the end of paragraph (13), and added ", including a cooperative or an electric membership corporation" at the end of paragraph (14).    The 2009 amendment,  effective July 1, 2009, substituted "Department of Human Services" for "Department of Human Resources" in paragraph (12.1).   Editor's notes.   - Ga. L. 2002, p. 475, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Natural Gas Consumers' Relief Act.'"   JUDICIAL DECISIONS   Natural gas company's certification application properly denied.    - Georgia Public Service Commission was authorized to dismiss natural gas company's application for certification because creation of a natural gas company as a Limited Liability Company (LLC) wholly owned by the city's utility board was in derogation of a city charter as the charter required the utility board to create a wholly owned subsidiary in the form of a non-profit corporation rather than a LLC; thus, the city's creation of a LLC was an ultra vires act. Infinite Energy v. Marietta Natural Gas, 349 Ga. App. 343, 826 S.E.2d 189 (2019).    Cited in Ellison v. Southstar Energy Servs., LLC, 298 Ga. App. 170, 679 S.E.2d 750 (2009).