GA Code § 46-2-20 (2021)
2021 Georgia Code|Title 46 - Public Utilities and Public Transportation|Chapter 2 - Public Service Commission|Article 2 - Jurisdiction, Powers, and Duties Generally|§ 46-2-20. Jurisdiction of Commission Generally; Powers and Duties of Commission Generally

  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 companies, gas or electric light and power companies, and persons or private companies who operate rapid rail passenger service lines within this state; provided, however, that nothing in this subsection shall be deemed to extend the jurisdiction of the commission to include the operations of the Metropolitan Atlanta Rapid Transit Authority created in an Act approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended.   The commission may hear complaints; in addition, it is also authorized to perform the duties imposed upon it of its own initiative.   The commission may, either by general rules or by special orders in particular cases, require all companies under its supervision to establish and maintain such public services and facilities as may be reasonable and just.   The commission may require common carriers and persons or private companies who operate rapid rail passenger service lines to publish their schedules in newspapers of towns through which their lines extend, in such manner as may be reasonable and as the public convenience demands.   The commission shall have authority to examine the affairs of all companies under its supervision and to keep informed as to their general condition, their capitalization, their franchises, and the manner in which the lines owned, leased, or controlled by them are managed, conducted, and operated, not only with respect to the adequacy, security, and accommodation afforded by their service to the public and their employees but also with reference to their compliance with all laws, orders of the commission, and charter requirements.   The commission shall have the power and authority, whenever it deems advisable, to prescribe, establish, and order a uniform system of accounts to be used by railroads and other companies over which it has jurisdiction, the same to be, as far as practicable, in conformity with the system of accounts prescribed by the Interstate Commerce Commission. The commission shall also have the power and authority to examine all books, contracts, records, papers, and documents of any person subject to its supervision and to compel the production thereof.   The commission shall have the power, through any of its members, at its discretion, to make personal visits to the offices and places of business of the companies under its supervision for the purpose of examination. Any Commissioner making a personal visit pursuant to this subsection shall have full power and authority to examine the agents and employees of any such company, under oath or otherwise, in order to procure information deemed by the Commissioner necessary to the work of the commission or of value to the public.   Nothing in this Code section shall be so construed as to repeal or abrogate any existing law or rule of the commission as to notice or hearings to be accorded to any person interested in the rates fixed by, or in the orders, rules, or regulations promulgated by, the commission before the same are issued. Neither shall anything in this Code section repeal the law of this state as to notice by publication of a change in rates.   The commission shall have the power and authority to prescribe rules and regulations for the safe installation and safe operation of all natural gas transmission and distribution facilities within this state, including, without limitation, all natural gas transmission and distribution facilities which are owned and operated by municipalities within this state.   Notwithstanding any other provision of law, the authority and jurisdiction of the commission shall not extend to persons or companies who are engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles and who are not otherwise subject to the authority and jurisdiction of the commission.    (Ga. L. 1907, p. 72, § 6; Civil Code 1910, § 2663; Ga. L. 1922, p. 143, §§ 3, 5; Code 1933, § 93-307; Ga. L. 1967, p. 650, § 1; Ga. L. 1989, p. 692, § 1; Ga. L. 1990, p. 856, § 2; Ga. L. 1992, p. 1647, § 1; Ga. L. 2012, p. 847, § 3/HB 1115.)    The 2012 amendment,  effective July 1, 2012, deleted "and telegraph" following "telephone" near the middle of subsection (a).   Cross references.   - Authority of commission to promulgate safety rules and regulations for motor vehicles within its jurisdiction, § 40-8-2.    Authority of commission to contract with state agencies to use state employees, § 45-10-20.    Jurisdiction of commission with regard to projects of Municipal Electric Authority of Georgia, § 46-3-152.   Rapid Rail Passenger Service, Chapter 8A, Title 46.   Code Commission notes.   - Pursuant to Code section 28-9-5, in 1989, a comma was inserted following "promulgated by" in subsection (h).   Law reviews.   - For article, "The Chevron Two-Step in Georgia's Administrative Law," see 46 Ga. L. Rev. 871 (2012).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Powers of Commission   Rate-making    OPINIONS OF THE ATTORNEY GENERAL   ANALYSIS    General Consideration   Powers of Commission    RESEARCH REFERENCES   9 Am. Jur. Pleading and Practice Forms, Electricity, Gas, and Steam, § 1.   ALR.    - Jurisdiction of Public Service Commission over carriers transporting by motor trucks or buses, 1 A.L.R. 1460; 9 A.L.R. 1011; 51 A.L.R. 820; 103 A.L.R. 268.    Federal control of public utilities, 14 A.L.R. 234; 19 A.L.R. 678; 52 A.L.R. 296.    What telephone companies are within public utilities acts, 21 A.L.R. 1162; 132 A.L.R. 1495.    Power of Public Service Commission to require carrier to furnish cars of special type, 23 A.L.R. 411.    Special services or facilities afforded by shipper as a factor in carrier's rates, 25 A.L.R. 191.    Power to require railroads or street railways to permit use of tracks in street by other companies, 28 A.L.R. 969.    Power of Public Service Commission to require railroad or street railway to extend its line or build new line to new territory, 30 A.L.R. 73.    Power of Public Service Commission with respect to regulation of street railways, 39 A.L.R. 1517.    Street easements as a factor in fixing a rate base for a street railway company, 49 A.L.R. 1477.    Power of Public Service Commission in respect to alteration or extension of passenger service, 70 A.L.R. 841.    Right to make charge for telephone or other public utility service in excess of that fixed by public utility, 73 A.L.R. 1194.    Discrimination between telephone subscribers, or between them and nonsubscribers, as regards use of phone by third persons or charges therefor, 127 A.L.R. 728.    Membership corporation or association or cooperative group furnishing to its members electric, telephone, or other service commonly supplied by public utility, as subject to governmental regulation or to jurisdiction of Public Service Commission, 132 A.L.R. 1495.   Adequacy, as regards right to injunction, of other remedy for review of order fixing public utility rates, 8 A.L.R.2d 839.   Right of customers of public utility with respect to fund representing a refund from another supplying utility upon reduction of latter's rates, 18 A.L.R.2d 1343.   Community antenna television systems (CATV) as subject to jurisdiction of state public utility or service commission, 61 A.L.R.3d 1150.   Landlord supplying electricity, gas, water, or similar facility to tenant as subject to utility regulation, 75 A.L.R.3d 1204.   Telephone company's liability for disclosure of number or address of subscriber holding unlisted number, 1 A.L.R.4th 218.   Incidental provision of utility services, by party not in that business, as subject to regulation by state regulatory authority, 85 A.L.R.4th 894.   Incidental provision of transportation services, by party not primarily in that business, as common carriage subject to state regulatory control, 87 A.L.R.4th 638.   Public service commission's implied authority to order refund of public utility revenues, 41 A.L.R.5th 783.