Permissible Parties in Proceedings Before Commission; Intervention in Proceedings Generally; Limited Appearances; Procedure for Granting Leave to Intervene

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Public Service Commission
  5. Investigations and Hearings
  6. Permissible Parties in Proceedings Before Commission; Intervention in Proceedings Generally; Limited Appearances; Procedure for Granting Leave to Intervene

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  1. In all proceedings before the commission, the parties to such proceeding shall consist of the affected applicant, any person who is permitted to intervene as provided in this Code section, and the Utility Finance Section established pursuant to Article 2A of this chapter.
  2. Any person on whom a statute confers an unconditional right to intervene may intervene by filing a notice of intervention with the commission or hearing officer, as appropriate.
  3. Any other person desiring to intervene must file an application for leave to intervene within 30 days following the first published notice of the proceeding. Any such application shall be in writing, shall be verified either by the party intervening or by his attorney on information and belief, shall identify the party requesting the intervention, and shall set forth with particularity the facts pertaining to his interest and the grounds upon which his application for intervention are based. Such application shall be served on all other parties in the proceeding, including those who have previously applied for leave to intervene. No untimely application for leave to intervene shall be granted by the presiding authority except for good cause shown.
  4. Any party or person who has previously applied for leave to intervene in a proceeding in which leave to intervene is sought by another person may file a response to the application for leave to intervene within 15 days after the application is served.
  5. The commission or hearing officer shall permit only the following persons to intervene:
    1. A person upon whom a statute confers an unconditional right to intervene;
    2. A person who demonstrates a legal, property, or other interest in the proceeding. In determining whether to permit intervention, the hearing officer may consider whether the person's interest is adequately represented by other parties and whether the intervention will unduly delay the proceedings or prejudice the rights of other parties;
    3. Any member of the General Assembly of the State of Georgia, who may without fee intervene on behalf of his constituents with the full rights and privileges of a designated party.
  6. The commission or hearing officer may condition any order permitting intervention so as to assure the orderly conduct of the proceeding.
  7. A person who is not a party may make a limited appearance by making an oral or written statement of his position on the issues within such limits and on such conditions as may be fixed by the hearing officer; but he may not otherwise participate in the proceeding.
  8. A party granted leave to intervene shall be present, absent good cause shown, during that portion of the proceedings for which that party has indicated a desire to be heard.
  9. An order by a hearing officer denying or conditioning an application for leave to intervene shall be immediately reviewable by the commission. An order by the commission denying or conditioning an application for leave to intervene shall be immediately reviewable as provided by law for the judicial review of final commission orders.
  10. Nothing in this Code section shall be construed to prohibit the commission from taking any action prior to the expiration of the 30 day period during which persons are permitted to file applications for leave to intervene.

(Code 1933, § 93-502a, enacted by Ga. L. 1981, p. 121, § 6.)

Cross references.

- Intervention in administrative proceedings generally, § 50-13-14.

Law reviews.

- For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For article, "Administrative Law," see 63 Mercer L. Rev. 47 (2011).

JUDICIAL DECISIONS

Where intervention application granted without condition, intervener actual party to proceedings.

- Where the Georgia Public Service Commission (PSC) was authorized to condition the basis upon which intervention would be allowed and the scope of participation by the intervenor in a proceeding and the application which had prayed for leave to intervene "with full rights as a party" was granted without any such condition by the PSC, the intervenor was an actual party to the contested proceedings. Campaign for a Prosperous Georgia v. Georgia Power Co., 174 Ga. App. 263, 329 S.E.2d 570, aff'd, 255 Ga. 253, 336 S.E.2d 790 (1985).

Party must be "aggrieved" to seek judicial review.

- One who has been made a party to a Public Service Commission regulatory proceeding under the provisions of O.C.G.A. § 46-2-59 does not have automatic standing to petition for judicial review of the Public Service Commission's decision without the necessity of being an "aggrieved person" under O.C.G.A. § 50-13-19(a). Georgia Power Co. v. Campaign For A Prosperous Ga., 255 Ga. 253, 336 S.E.2d 790 (1985).

Municipalities had standing to appeal agency's ruling despite failing to intervene in agency proceedings.

- As a municipal association intervened in rate-making proceedings before the Georgia Public Service Commission (PSC), and certain municipalities joined the association's arguments in the trial court, the municipalities had standing to appeal the PSC's decision concerning a reallocation of franchise fees paid to the cities, even though the municipalities did not apply to intervene before the PSC under O.C.G.A. § 46-2-59. Unified Gov't v. Ga. PSC, 293 Ga. App. 786, 668 S.E.2d 296 (2008).

Lack of standing to seek judicial review.

- Trial court properly concluded that taxpayers lacked standing to seek judicial review of the Georgia Public Service Commission's (PSC) certification order because the taxpayers did not file a timely application to intervene in the certification proceedings and, thus, did not satisfy the first requirement of the Administrative Procedure Act, O.C.G.A. § 50-13-19(a); the taxpayers had an available administrative remedy by applying for intervention status in the proceedings conducted by the PSC on the company's application for certification within 30 days following the first published notice of the proceeding, O.C.G.A. § 46-2-59(c), but the taxpayers did not seek to intervene until eight months after notice of the proceedings were first published by the PSC. Fulton County Taxpayers Found., Inc. v. Ga. PSC, 287 Ga. 876, 700 S.E.2d 554 (2010).

ARTICLE 4 ALLOCATION OF GAS AND ELECTRICITY TO PROTECT PUBLIC HEALTH AND SAFETY

Administrative Rules and Regulations.

- Disconnection of gas or electric utility service, Official Compilation of Rules and Regulations of State of Georgia, Rules of Georgia Public Service Commission, Chapter 515-3-2.


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