reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-2 - Qualifications of Commissioners; restriction on any interest in companies under jurisdiction of commission; disqualification of Commissioner

(a)
Any person who is at least 30 years of age, is qualified to vote as an elector, and is not directly or indirectly interested in any mercantile business or any corporation that is controlled by or that participates in the benefit of any pool, combination, trust, contract, or arrangement that has the effect of increasing or tending to increase the cost to the public of carriage, heat, light, power, or any commodity or merchandise sold to the public shall be eligible for membership on the commission, without regard to his experience in law or in the utility or transportation business.
(b)
During their terms of office, the Commissioners shall not, jointly or severally, or in any way, be the holders of any stock or bonds, or be agents or employees of any company, or have any interest in any company under the jurisdiction of the commission. If any Commissioner becomes disqualified in any way, he shall at once remove the disqualification or resign; and on failure to do so he shall be suspended from office by the Governor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-3 - Oath of office of Commissioners

The Commissioners shall take an oath of office, the wording of which shall be determined by the Governor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-4 - Filling of vacancies on commission

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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-5 - Chairperson of commission; selection

(a)
There shall be a chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The chairperson serving on December 31, 2012, shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any four members of the commission may call for an election of a chairperson at any time prior to the end of the term of a chairperson; provided, however, that such elections shall not be held more than twice per calendar year, except in the case of a vacancy by the chairperson; and provided, further, that any chairperson so elected shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. No commissioner shall be elected or serve as chairperson for more than two consecutive terms.
(b)
The chairperson shall give his or her entire time to the duties of the office.
Amended by 2012 Ga. Laws 756,§; 1, eff. 12/31/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-6 - Salary of Commissioners

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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-7 - Employment of officers, experts, and other employees by commission; compensation of employees

The commission shall have power to employ such officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees as it may deem necessary to perform the duties and exercise the powers conferred by law upon the commission. The compensation of such employees shall be fixed by the commission at such sums as it may deem reasonable and proper.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-7.1 - Director of utilities

(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 sections;
(2)
Manage and coordinate the commission's preparation of rate cases;
(3)
Schedule and coordinate all in-house, reactive, regular, and engineering audits;
(4)
Direct all utility personnel and the preparation of that section of the commission's budget; and
(5)
Perform such other duties as the commission may establish by order.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-7.2 - Public information officer

(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 information files;
(3)
Coordinate official commission press releases and media relations; and
(4)
Perform such other duties as the executive secretary may establish.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-8 - Payment of salaries and expenses by commission; appropriations for salaries and expenses; designation of Public Service Commission Fund

The salaries fixed by the commission for its officers, experts, engineers, statisticians, accountants, inspectors, clerks, and other employees, and fixed by Code Section
45-7-4
for Commissioners, shall be paid monthly from the funds provided for the use of the commission after being approved by the commission. All expenses incurred by the commission, including the actual and necessary traveling and other expenses and disbursements of the Commissioners, and of officers and employees, incurred while on business of the commission, shall be paid from the funds provided for the use of the commission after being approved by the commission. The necessary expenses of conducting the business of the commission and the salaries of the Commissioners shall be provided for by appropriations made for such purposes. The funds assessed and collected as provided in Code Section
46-2-10
shall be specially designated as the Public Service Commission Fund and shall be expended only as provided and directed in this title.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-9 - Domicile of commission; jurisdiction of actions involving commission or business entities regulated by commission; furnishing commission with office and supplies

(a)
The domicile of the commission is fixed at the capital; and no courts of this state other than those of Fulton County shall have or take jurisdiction in any action brought or instituted against the commission or on account of any of its orders or rules, provided that nothing in this Code section shall prevent the courts of the county in which is located the principal office of a business entity regulated by the commission from having or taking jurisdiction in any action brought or instituted against that business entity as a result of any such commission order or rule.
(b)
The commission shall be furnished with necessary furniture and stationery and an office in Atlanta.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 1 - ORGANIZATION AND MEMBERS (§§ 46-2-1 — 46-2-10) › Section 46-2-10 - Payment of special fee by corporations and utilities subject to jurisdiction of commission; notice of amount due; procedure on default

(a)
There shall be paid by all public service corporations and utilities which are subject to the jurisdiction of the Public Service Commission a special fee in addition to all other fees required by law. Such fee shall be fixed by the state revenue commissioner upon each of such public service corporations or utilities according to the gross revenues of each such public service corporation or utility resulting from intrastate service regulated by the commission, as ascertained by the state revenue commissioner from reports filed with the state revenue commissioner by such public service corporations and utilities and from gross revenues reported for income tax purposes pursuant to Chapter 7 of Title 48, and shall be apportioned among such public service corporations or utilities upon the basis of such gross revenues so as to produce a revenue of $1,050,000.00 per annum. Notwithstanding any other provisions of this Code section, the gross revenues of a telephone utility shall not include revenues of such a utility received from the collection of interstate tolls, interstate access or subscriber line charges, interstate call charges, amounts paid by a telecommunications service provider to any other telecommunications service provider for carrier access charges, or any charges for any unregulated services. Any revenues collected by a local exchange company as a billing and collection agent shall be excluded from the calculation of the gross revenues of the local exchange company.
(b)
(1)
Not later than December 1, 1994, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by January 20, 1995. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission.
(2)
Effective January 1, 1995, not later than April 1 of each year, the state revenue commissioner shall notify each public service corporation or utility of the state of the amount due by it under this Code section, and the fee shall be paid into the general fund of the state by July 1 of such year. Such sum of $1,050,000.00 shall be available for appropriation in an amount sufficient to cover the cost of operating the Public Service Commission.
(c)
In case of default in payment by any public service corporation or utility of the fee provided for in this Code section, the state revenue commissioner shall proceed to collect the same in the same manner as franchise taxes are collected.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-20.1 - Electric vehicle charging services; operation

(a)
As used in this Code section, the term:
(1)
"Community charging equipment" means an electric vehicle charging station that has been approved for placement in service by the commission.
(2)
"Electric utility" shall have the same meaning as set forth in Code Section
46-1-1
.
(3)
"Electric vehicle" shall have the same meaning as set forth in Code Section
10-1-220
.
(4)
"Electric vehicle charging services" means the charging of electric vehicles from an electric vehicle charging station.
(5)
"Electric vehicle charging station" shall have the same meaning as set forth in Code Section
10-1-220
.
(6)
"Premises" shall have the same meaning as provided in Code Section
46-3-3
.
(b)
Notwithstanding any other provision of law to the contrary, the provision of electric vehicle charging services by a person not otherwise subject to the jurisdiction of the commission shall not be considered a service of an electric utility subject to the authority and jurisdiction of the commission. The supply of electricity by an electric utility subject to Part 1 of Article 1 of Chapter 3 of this title, the "Georgia Territorial Electric Service Act," to premises that are electric vehicle charging stations shall constitute the furnishing of service under Part 1 of Article 1 of Chapter 3 of this title, the "Georgia Territorial Electric Service Act," and shall be considered a sale at retail within the meaning of Code Section
48-8-2
. The mere provision of electric vehicle charging services alone shall not violate Part 1 of Article 1 of Chapter 3 of this title, the "Georgia Territorial Electric Service Act," so long as the provision of such services occurs upon the same parcel of property as the electric vehicle charging station.
(c)
No electric vehicle charging station that is publicly available, except for community charging equipment, shall be provided, owned, operated, or maintained by an electric utility unless such electric vehicle charging station is provided, owned, operated, and maintained by a separate legal entity not subject to the authority of and regulation by the commission.
(d)
An electric utility's rates, terms, and conditions of service for the provider of any electric vehicle charging services shall be the same as the rates, terms, and conditions of service for any electric vehicle charging stations operated pursuant to subsection (c) of this Code section.
Added by 2023 Ga. Laws 248,§ 1-1, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-21 - Extension of commission's powers and duties to street railroads, telegraph companies, telephone companies, and gas and electric light and power companies

(a)
The powers and duties conferred by law prior to August 23, 1907, upon the commission and its authority and control shall extend to street railroads and to companies owning, leasing, or operating street railroads in this state, provided that nothing in this Code section shall be construed to impair any valid contract between any municipality and any such company in force on that date; provided, further, that this Code section shall not operate to repeal any municipal ordinance existing on that date; nor shall it impair or invalidate any contract or ordinance of any municipality made or adopted since that date as to the public uses of such company, which contract or ordinance has received the assent of the commission.
(b)
The powers and duties conferred by law prior to August 23, 1907, upon the commission and its authority and control shall also extend to:
(1)
Docks and wharves, and companies owning, leasing, or operating the same;
(2)
Terminals or terminal stations, and companies owning, leasing, or operating the same;
(3)
Cotton compress corporations or associations, and companies owning, leasing, or operating the same;
(4)
Telegraph or telephone companies, or persons owning, leasing, or operating a public telephone service or telephone lines in this state; and
(5)
Gas and electric light and power companies, or persons owning, leasing, or operating public gas plants or electric light and power plants furnishing service to the public.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-22 - [Repealed] Jurisdiction of commission over express companies and telegraph companies

Repealed and reserved by 2012 Ga. Laws 700,§ 4, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-24 - Consideration by commission of quality of service in determining just and reasonable rates and charges

In determining what are just and reasonable rates and charges to be made by any person, firm, or corporation (referred to in this Code section as a "utility") subject to its jurisdiction, the commission is authorized and is directed to consider the quality of the service rendered by such utility.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-26.2 - Tax accounting by utilities in rate-making proceedings

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 accordance with United States Internal Revenue Service laws and regulations will be accounted for as required by generally accepted accounting principles governing all businesses.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-26.4 - Accounting procedures in gas utility rate proceedings

(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 gas utility shall file jurisdictionally allocated cost of service data on the basis of a test period, and the commission shall utilize a test period, consisting of actual data for the most recent 12 month period for which data are available, fully adjusted separately to reflect estimated operations during the 12 months following the proposed effective date of the rates. After the initial filing, and until new rates go into effect, the utility shall file actual cost of service data as they become available for each month following the actual data which were filed. The utility shall have the burden of explaining and supporting the reasonableness of all estimates and adjustments contained in its cost of service data.
Amended by 2002 Ga. Laws 499, § 4, eff. 4/25/2002.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-27 - Notation on bill of charges for fuel adjustment, meter reading and consumption, and where rates charged may be obtained

Upon the face or back of each periodic and terminal billing for retail consumption of electric, gas, and water services, there shall appear a conspicuous notation of charges for fuel adjustment and a notation of the meter reading upon which the billing was computed, including the previous reading and consumption. Where a customer is on a voluntary "budget bill" or "levelized bill" agreement, the actual consumption for any period of time may be omitted until the annual anniversary account billing. The rates on which the bill was computed shall be made readily available to the customer upon demand; and a notation of where the rates can be obtained shall appear on the face of the bill.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-29 - Requirement of confidentiality of information obtained by commission member or employee in a proceeding under Code Section 46-2-28

(a)
No member or employee of the commission shall, except when legally called upon by a court of competent jurisdiction, disclose or impart to anyone any fact which was obtained in his official capacity from or through any proceeding filed with the commission under Code Section
46-2-28
, provided that this Code section shall not apply to any fact or information which is obtained through public hearings or which is not confidential in nature.
(b)
Any person who violates this Code section shall be guilty of a misdemeanor.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-30 - Power of commission to make rules and regulations generally

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 committees of the House of Representatives and the Senate for review by such committees and recommendations by such committees to the General Assembly for appropriate action.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-31 - Annual report by commission to Governor

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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-32 - Payment of fines into state treasury; cumulative nature of remedies provided by this title

All fines recovered under this title shall be paid into the general fund of the state treasury, to be used for such purposes as the General Assembly may provide. The remedies provided in this title shall be regarded as cumulative of all other remedies given by law against railroad companies, and this title shall not be construed as repealing any statute giving such remedies.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2 - JURISDICTION, POWERS, AND DUTIES GENERALLY (§§ 46-2-20 — 46-2-33) › Section 46-2-33 - Costs incurred by commission charged to utility; invoicing; recovery

(a)
The cost to the commission of providing reasonably necessary specialized testimony and assistance in conducting affiliate transactions audits prior to utility rate cases, in monitoring nuclear power costs, and in proceedings initiated by the utility, including, but not limited to, utility rate cases, fuel cost recovery cases, gas supply cases, and capacity supply cases, shall be charged to the affected utility. The amount of any such charges shall not exceed $200,000.00 per case per year, except for utility rate cases, generation construction monitoring, integrated resource planning cases, and generation certification cases, to the extent such amount is not also being recovered pursuant to an order issued under subsection (c) of Code Section
46-3A-5
, which shall not exceed $600,000.00 per case per year. The maximum fee shall be adjusted on an annual basis based on the Consumer Price Index as reported by the Bureau of Labor Statistics of the United States Department of Labor. In the event the Consumer Price Index is no longer available, the commission shall select a comparable broad national measure of inflation. This Code section shall not apply to proceedings for Tier 1 local exchange companies that have elected alternative regulation or to certificated competing local exchange carriers.
(b)
At the time the commission determines that specialized testimony and assistance is required, the commission shall issue an order setting forth the scope and budget for such testimony and assistance. All invoices relating to the testimony and assistance shall be subject to commission review and approval, and no utility shall be required to pay any invoice not approved by the commission.
(c)
The amounts paid by regulated companies under this Code section shall be deemed a necessary cost of providing service, and the utility shall be entitled to recover the full amount of any costs charged to the utility pursuant to this Code section. In addition, at the election of the utility, the utility shall be entitled to recover all such costs promptly through a reasonably designed rider designated for such purpose.
Added by 2010 Ga. Laws 370,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2A - UTILITY FINANCE SECTION (§§ 46-2-40 — 46-2-45) › Section 46-2-40 - Creation of Utility Finance Section; composition of section

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 as the commission may employ, as authorized by the General Assembly.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2A - UTILITY FINANCE SECTION (§§ 46-2-40 — 46-2-45) › Section 46-2-41 - Appointment of director of Utility Finance Section; compensation; supervisory role of director of utilities; qualifications and responsibilities of director of section generally

(a)
On or before December 31, 1981, the commission by order shall employ an individual qualified by knowledge and experience to serve as director of the Utility Finance Section. The director shall be compensated in an amount determined by the commission. He shall serve at the pleasure of the commission and shall report to the director of utilities of the commission.
(b)
The director of the Utility Finance Section must possess at least five years' experience in the field of public regulation of business, whether through employment with a state or federal agency, in industry, in education, or through the practice of law. This individual must have graduated from a four-year college with a major in either accounting, finance, business, or management or have graduated from a law school and been admitted to the State Bar of Georgia.
(c)
The director shall be responsible for the:
(1)
Preparation of the budget of the section for submittal to the director of utilities;
(2)
Administration of the section;
(3)
Supervision of the work of the section; and
(4)
Presentation of the commission staff's position during electric utility rate proceedings.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2A - UTILITY FINANCE SECTION (§§ 46-2-40 — 46-2-45) › Section 46-2-42 - Employment of assistant director of Utility Finance Section; employment of accountants, statisticians, experts, and clerical personnel; application of rules and regulations

(a)
The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the commission and as provided by law.
(b)
The director shall employ such accountants, statisticians, experts, and clerical personnel as are necessary for the effective performance of the duties of the section, and such employees shall be in the unclassified service as defined by Code Section
45-20-2
.
(c)
Rules and regulations of the State Personnel Board concerning compensation and promotion shall not apply to employees of the Utility Finance Section.
Amended by 2012 Ga. Laws 630,§ 2-87, eff. 7/1/2012.
Amended by 2009 Ga. Laws 155,§ 1, eff. 5/5/2009.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2A - UTILITY FINANCE SECTION (§§ 46-2-40 — 46-2-45) › Section 46-2-43 - Director, assistant director, or any other employee of Utility Finance Section prohibited from having any interest in or being employed by electric utilities

During the period of his employment and for one year following the termination of his employment, neither the director of the Utility Finance Section, the assistant director of the section, nor any other employee of the section shall own any interest of any kind in or be retained or employed by any electric utility or own any controlling interest in or be retained or employed by any person who has a vested interest in the outcome of any proceeding in which the section participates.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2A - UTILITY FINANCE SECTION (§§ 46-2-40 — 46-2-45) › Section 46-2-44 - Duties of Utility Finance Section generally

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)
Investigating the rates and auditing the books and records of any electric utility other than transportation utilities, municipal electric systems, and electric membership corporations when so directed by the director of utilities;
(3)
Appearing in any proceeding to determine rates of an electric utility. In such capacity, the section shall:
(A)
Form an independent evaluation concerning whether the electric utility rates in question are just and reasonable;
(B)
Present testimony by its employees or specially retained experts concerning the electric utility rates in question;
(C)
Provide to the commission all technical assistance, data, and calculations concerning the electric utility rates in question, as the commission may require;
(D)
Assist the commission in any judicial review of a commission determination of the rates of an electric utility; and
(E)
When it will not interfere with the section's participation in utility rate proceedings, perform such other duties regarding any utility matter which the director of utilities may establish.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 2A - UTILITY FINANCE SECTION (§§ 46-2-40 — 46-2-45) › Section 46-2-45 - Relationship of Utility Finance Section to commission

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 shall not have standing to appeal or contest the final order entered by the commission in such a proceeding.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-50 - Conducting of hearings and investigations generally

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.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-51 - Prescription by commission of rules of procedure and rules of evidence; promulgation of rules and regulations as to rehearing, reconsideration, and oral argument of orders

The commission shall prescribe the rules of procedure and the rules for the taking of evidence in all matters that may come before it. In the investigation, preparation, and hearing of cases, the commission shall not be bound by the strict technical rules of pleading and evidence but may exercise such discretion as will facilitate its efforts to ascertain the facts bearing upon the right and justice of the matters before it. When deemed necessary, in all formal cases heard and determined, the commission shall render an opinion setting out the issues involved in the case and its decision, ruling, and findings thereon. The commission is authorized to provide by rule and regulation for the procedure to be observed in the rehearing, reconsideration, and oral argument of all orders entered by the commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-52 - Keeping of records of proceedings on formal investigations; transcribing of testimony

A full and complete record as provided in paragraph (8) of subsection (a) of Code Section
50-13-13
shall be kept of all proceedings conducted before the commission on any formal investigation; and all testimony shall be transcribed by the official reporter appointed by the commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-53 - [Repealed] Reports, rate schedules, orders, rules, or regulations of commission as admissible evidence in court proceedings

Repealed by 2011 Ga. Laws 52,§ 89, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-54 - Power to issue subpoenas; payments to witnesses; failure or refusal to obey subpoenas

(a)
In making any examination for the purpose of obtaining information pursuant to this title, the commission shall have the power to issue subpoenas for the attendance of witnesses by such rules as it may prescribe.
(b)
Witnesses shall receive for such attendance the same fees and mileage as prescribed by law in civil cases in the superior court. Such compensation shall be ordered paid by the Governor upon presentation of subpoenas and statements as to the number of days served and miles traveled. Such statements shall be sworn to by the witnesses before the clerk of the commission, who shall have the power to administer oaths.
(c)
If any person willfully fails or refuses to obey such subpoena, it shall be the duty of the judge of the superior court of any county, upon application of the commission, to issue an attachment for such witness and compel him to attend the meeting of the commission and give his testimony upon such matters as shall be lawfully required by such commission. The court shall have power to punish for contempt as in other cases of refusal to obey the process and order of the court.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-55 - Compelling witnesses to testify before commission as to the giving or granting of rebates or as to discriminations in rates and charges by common carriers

In investigating complaints of violations by common carriers of the laws prohibiting the giving or granting of rebates and prohibiting unjust discrimination in rates and charges, the commission may exercise the power and authority to compel the shipper or consignee, or any officer, agent, or employee of a common carrier to give evidence relating to such complaints. Before any such person shall be compelled to give evidence relating to such complaints, the commission shall make an order that such witness is required by the commission to testify and that he will be exempt thereafter from indictment or prosecution for any transaction about which he is compelled to testify. When such order is made, the witness shall be compelled to give evidence touching such complaints, and he shall be forever free from indictment or prosecution in any court touching the matters about which he is compelled to testify.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-56 - Compelling witnesses to testify against common carriers or any other person in court

If a witness is exempted from indictment or prosecution as provided in Code Section
46-2-55
, he may also be compelled to give evidence in any action or prosecution instituted in any of the courts of this state against any common carrier or against any other person on account of the transactions about which he is compelled to testify before the commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-57 - Obtaining of discovery by employees and agents of commission; petitions by commission for necessary orders, injunctions, and subpoenas; extension of suspension period by Superior Court of Fulton County; time of hearing of applications and petitions from commission

(a)
In any case pending before it, the commission, in addition to its now existing authority to do so, is authorized to issue an order permitting its employees and agents to take depositions and otherwise obtain discovery of any matter, not privileged, which is relevant to the subject matter involved in the investigation, proceeding, or petition before the commission, in the same manner prescribed in Chapter 11 of Title 9 for discovery in civil actions. In any case involving an application of a gas company to establish just and reasonable rates pursuant to Code Section
46-2-23.1
or
46-4-154
, intervenors who are granted party status pursuant to Code Section
46-2-59
, as well as the gas company subject to the particular proceeding, shall have all discovery rights available under Chapter 11 of Title 9.
(b)
The commission, its agents and employees as directed by the commission, and intervenors and gas companies which are granted discovery rights under subsection (a) of this Code section are authorized to petition the Superior Court of Fulton County for all orders, injunctions, and subpoenas necessary to carry out the provisions of this Code section which would otherwise be authorized or necessary under Chapter 11 of Title 9; and the judges and clerks of the court are authorized to issue all such orders, injunctions, and subpoenas and to take all other actions necessary to carry out this Code section which would otherwise be authorized or necessary under Chapter 11 of Title 9.
(c)
In addition to the sanctions which may be imposed under Code Section
9-11-37
, the Superior Court of Fulton County is further authorized to extend the period of suspension of the operation of any new schedules and defer the use of such rates, charges, classifications, or service beyond the time authorized by Code Section
46-2-25
, if the court, upon application of the commission, determines that the failure of any regulated utility to comply with a discovery request of the commission, its agents, or its employees is unreasonable and requires such extension. No such extension of the period of suspension shall be considered by the court unless the utility has failed completely to respond to a valid deposition or discovery request.
(d)
Any application or petition made by the commission, its agents, or its employees pursuant to this Code section shall be heard within 20 days of the filing of the application or petition, irrespective of whether any response to the application or petition has previously been made, and shall be disposed of promptly.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 3 - INVESTIGATIONS AND HEARINGS (§§ 46-2-50 — 46-2-59) › Section 46-2-58 - Conducting of hearings by hearing officers

(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 employ part-time hearing officers, if necessary, to handle the caseload.
(b)
In all utility proceedings commenced after July 1, 1981, any hearing may be conducted by a hearing officer, who shall have authority to:
(1)
Administer oaths and affirmations;
(2)
Sign and issue subpoenas for discovery or trial;
(3)
Rule upon offers of proof;
(4)
Regulate the course of the hearing, setting the time and place for continued hearings;
(5)
Permit persons to make limited appearances as provided in Code Section
46-2-59
;
(6)
Take official notice of judicially recognizable facts;
(7)
Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed at or during a hearing;
(8)
Exercise such other powers necessary for the efficient and expeditious conduct of the hearing, to the end that a complete and orderly record may be developed; and
(9)
Make written findings of fact based upon evidence in the record.
(c)
The hearing officer or commission shall permit only the Commissioners, the hearing officer, the parties, or the attorneys of record of the Commissioners, hearing officers, or parties to examine or cross-examine witnesses, except with the consent of the witness.
(d)
Within 30 days after the conclusion of a hearing, the hearing officer shall prepare and certify a record of the evidence to the commission. The hearing officer shall also transmit to the commission proposed written findings of fact based upon evidence in the record. A copy of the record and findings of fact shall be provided all parties of record by the hearing officer. The hearing officer may render an initial or recommended decision in uncontested cases, if directed to do so by the commission. Any such recommended decision shall also be served upon the parties of record, who shall be provided an opportunity to file with the commission its objections or comments.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 4 - ALLOCATION OF GAS AND ELECTRICITY TO PROTECT PUBLIC HEALTH AND SAFETY (§§ 46-2-70 — 46-2-72) › Section 46-2-70 - Definitions

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 foregoing.
(2)
"Person" means an individual or a corporation.
(3)
"Utility" means any person who supplies, furnishes, or sells a utility service.
(4)
"Utility service" means gas or electricity which is supplied, sold, or furnished by any person subject to the jurisdiction of the commission.
2023 CODE OF GEORGIA › Title 46 - PUBLIC UTILITIES AND PUBLIC TRANSPORTATION (§§ 46-1-1 — 46-11-1) › Chapter 2 - PUBLIC SERVICE COMMISSION (§§ 46-2-1 — 46-2-95) › Article 4 - ALLOCATION OF GAS AND ELECTRICITY TO PROTECT PUBLIC HEALTH AND SAFETY (§§ 46-2-70 — 46-2-72) › Section 46-2-71 - Power of commission to allocate utility service and to alter, amend, suspend, or terminate existing rates, schedules, contracts, rules, or regulations; findings required before commission exercises powers of allocation

(a)
Subject to subsection (b) of this Code section, the commission shall have the power and authority to allocate any utility service in such manner as it deems proper in order to protect the public health, safety, or welfare, including for such purposes the power and authority to alter, amend, suspend, or terminate any existing rate, schedule, contract, rule, or regulation affecting such utility service and to prescribe new or additional rates, schedules, contracts, rules, or regulations affecting such utility service, provided that in any event such rates, schedules, contracts, rules, or regulations as are altered, amended, or prescribed by the commission shall be just and reasonable.
(b)
Before the commission may exercise the power and authority granted by subsection (a) of this Code section, it must:
(1)
Find, after a hearing respecting the manner, if any, in which the commission should exercise such power and authority, as well as the necessity therefor, such hearing to be initiated by the commission on its own motion or by any person and to be preceded by notice to the persons affected, that there exists a shortage in the quantities of such utility service available in this state or in any portion of the state, or that such a shortage is imminent, and that it is necessary for the commission to exercise such power and authority in order to protect the public health, safety, or welfare; or
(2)
Find that an emergency exists with respect to the quantities of such utility service available in this state or in any portion of the state, and that it is necessary for the commission to exercise such power and authority in order to protect the public health, safety, or welfare before notice and hearing can be afforded to the persons affected; provided, however, that the directives, rulings, and orders of the commission respecting such utility service based upon a finding that an emergency exists pursuant to this paragraph shall be temporary and provisional and the commission shall, as soon as practicable under the circumstances, afford notice and hearing to the persons affected as to whether such directives, rulings, or orders of the commission shall be continued, modified, made permanent, or otherwise affected.