Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-11 - TERRITORIAL ELECTRIC ASSIGNMENTS › Subject 515-11-1 - TERRITORIAL ELECTRIC ASSIGNMENTS › Rule 515-11-1-.08 - Agreements on Negotiations

Current through Rules and Regulations filed through June 27, 2024
In view of the Commission's encouragement of joint
				  applications by affected suppliers, the Commission will entertain and approve
				  reasonable agreements between suppliers relating to negotiation procedures
				  which it finds to be in the public interest. The Commission finds the following
				  draft agreement on negotiation procedures to be reasonable and in the public
				  interest and, by promulgation of this Rule, approves the form without necessity
				  of further approval:
(a) "THIS
				AGREEMENT, entered into this _______ day of ___________________________,
				_________, by and between the undersigned electric suppliers rendering retail
				electric service within the State of Georgia:
(b) "WHEREAS, the Georgia Public Service
				Commission, pursuant to a Rule promulgated under the terms of the 1973
				Territorial Electric Service Act (the Act), has encouraged joint applications
				for assignment or declaration of unassignment of territory as being in the
				public interest; and
(c) "WHEREAS,
				the electric suppliers being signatories hereto deem it necessary to establish
				procedures for the conduct of negotiations for assignment or unassignment of
				territory which will in turn be the basis for joint applications to the
				Commission;
(d) "NOW THEREFORE, the
				undersigned electric suppliers agree as follows:
1. "No electric supplier will apply to the
				Georgia Public Service Commission for the assignment or unassignment of any
				area until such supplier has negotiated with all the other nearby suppliers who
				might be expected also to apply for such area or any portion thereof and who
				desires to negotiate. The negotiations will be conducted with the view to
				achieving, if possible, agreement between suppliers as to the area that each
				should be assigned and the area that should, under the Act, be designated
				"Unassigned Area--B".
2. "In order
				that no supplier should have to make a decision as to whether any other
				supplier could reasonably be expected to claim the area in question, it is
				assumed that all other electric suppliers owning lines in the county in which
				the area lies and all electric suppliers owning lines in all counties adjoining
				such county, who otherwise have lawful authority to render service in the
				county as to which the application pertains, might desire to claim the area or
				portion thereof. Therefore, no supplier will apply for the assignment of any
				area until it has negotiated with all such affected electric
				suppliers.
3. "Any supplier
				desiring to negotiate with respect to a particular area with another supplier
				who is entitled to negotiate will give written notice of its desire to begin
				negotiations. No such notice shall be given until the completion and filing
				with the Commission of the mylar maps showing the lines of all suppliers in
				each county in which such area lies. Such notice shall be by certified mail
				with return receipt requested and shall indicate all suppliers to whom said
				notice is being sent. The recipient shall within twenty-one (21) days of
				receipt of such notice advise the supplier who sent the notice whether it
				desires to assert any claim with respect to any portion of the area referred to
				in the notice. The failure of the recipient to reply within such twenty-one day
				period shall be deemed a waiver by such supplier of its right under this
				Agreement to negotiate for area assignment within the area described in the
				notice. A mutually agreeable date shall be set for the commencement of
				negotiations, which date shall not be later than thirty (30) days after the
				sending of the notice if such area is solely Unassigned Area-B nor later than
				sixty (60) days after the sending of the notice in all other instances.
				Notwithstanding anything to the contrary herein, as to areas for which notice
				of annexation has been give n pursuant to subsection 7(b)(4) of the Act, notice
				of desire to negotiate may be given immediately and negotiations commenced
				immediately.
4. "When suppliers, in
				negotiation, have agreed upon the allocation of areas, they will jointly apply
				to the Commission requesting that the Commission approve such agreement after
				hearing and enter an order assigning to the respective suppliers the area
				agreed upon and designating as unassigned areas that the suppliers have agreed
				should be so designated.
5.
				"Negotiating suppliers will make a diligent effort to reach agreement on the
				allocation of areas before independently applying to the Commission for the
				assignment or declaration of unassignment thereof, and in any event, no
				supplier shall apply to the Commission for the assignment or declaration of
				unassignment of any areas sooner than one hundred eighty (180) days after the
				date notice was sent to the last of the other suppliers entitled to negotiate;
				provided, a supplier may apply for an assignment of any area which is solely
				Unassigned Area-B at any time following thirty (30) days after the sending of
				such notice; and, provided further, no waiting period shall be required as to
				any area which is the subject of a notice of annexation given pursuant to
				subsection 7(b)(4) of the Act.
6.
				"To the extent colors are used in negotiations, they shall be as described in
				Exhibit "D" attached hereto.
7. "A
				copy of this Agreement will be forwarded to the Georgia Public Service
				Commission and, although the form of this Agreement has been approved by Rule
				of the Georgia Public Service Commission, it is understood that all phases of
				this Agreement are subject to such modification or change as may be necessary
				or desirable to conform to the requirements of the Georgia Public Service
				Commission with respect to the matters agreed upon."
EXHIBITS "A," "B," "C," AND "D" FOLLOW: