Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-7 - GAS UTILITIES › Subject 515-7-1 - GAS COMPANIES' CERTIFICATES › Rule 515-7-1-.13 - Commission May Suspend, Revoke, Alter or Amend Certificate

Current through Rules and Regulations filed through June 27, 2024
(1) The Commission
				may at any time after notice and opportunity to be heard and for reasonable
				cause suspend, revoke, alter or amend any certificate if the holder of the
				certificate has willfully violated or refused to observe any of the lawful and
				reasonable orders, rules or regulations prescribed by the Commission, or any
				other law of this State regulating these pipe line or distribution systems, if
				in the opinion of the Commission the holder of the certificate is not
				furnishing adequate service, or if the continuance of said certificate in its
				original form is incompatible with the public interest.
(2) Any certificate issued under Article 2 of
				Chapter 4 of Title 46 shall be revoked or amended by the Commission upon
				application to the Commission by a person to provide natural gas service to a
				specified end-use customer, property owner, or developer who has requested
				natural gas service if the holder of the certificate has failed to begin
				construction or operation of any pipeline, or distribution system, or any
				extension thereof, in substantially all of the territory covered by such
				certificate. Provided, however, that the applicant must show that the specified
				end-use customer, property owner, or developer who has requested natural gas
				service is located at least two and a half (21/2) miles beyond where the holder
				of the certificate has begun construction or operation of any pipeline, or
				distribution system, or any extension thereof. Once a person has filed such an
				application, the portion of the certificate of the territory for which the
				applicant is seeking to provide natural gas service to a specified end-use
				customer, property owner, or developer shall be deemed revoked or amended. The
				Commission shall determine whether the applicant shall be entitled to a
				certificate for the territory that has been excluded from the certificate by
				revocation or amendment, whether such territory should be reissued to the
				person who held the certificate at the time of the application, or whether such
				territory shall be deemed uncertificated. The Commission shall make such
				determination within 90 days of the application and shall consider, in addition
				to the factors set forth in subsection (a) of Code Section
				46-4-25, whether the applicant can
				offer service in a timely manner, and such other factors the Commission deems
				in the public interest. The Commission in determining whether to reissue a
				certificate to the person who held the certificate at the time of the
				application shall consider the length of time the certificate was held without
				service being provided. The newly certificated area shall be designed by the
				Commission to serve the customers, property owners, or developers in question
				while ensuring a boundary with safety and public welfare as the focus.
(a) As used in this rule,"construction" shall
				be deemed to have begun if a contract has been executed between the certificate
				holder and a third party, to include but not be limited to mains and costs, and
				with actual commencement of gas facilities being built within nine (9) months
				of the contract date.
(b) As used
				in this rule,"substantially all of the territory covered by such certificate"
				shall mean 75% or greater of the geographic territory covered by such
				certificate where such percentage is calculated as follows:
% = (N/D) * 100
For said calculation the terms shall be defined as:
N = The acreage contained in the area within a one (1) mile
				  perimeter surrounding the certificated area in which holder of certificate has
				  begun construction or operation of any pipeline, or distribution system, or any
				  extension thereof. As used in this rule,"construction" shall be deemed to have
				  begun if a contract has been executed between the certificate holder and a
				  third party, to include but not be limited to mains and costs, and with actual
				  commencement of gas facilities being built within nine (9) months of the
				  contract date.
D = The total acreage of the certificated area.