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

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Public Service Commission
  5. Allocation of Gas and Electricity to Protect Public Health and Safety
  6. 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

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  1. 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.
  2. 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.

(Ga. L. 1972, p. 470, § 2.)

Cross references.

- Limitation on power of Governor upon declaration of state of energy emergency, § 38-3-51(h).

JUDICIAL DECISIONS

Commission cannot require utility to buy, merge with, or sell power to another utility.

- Public Service Commission has no power to require electric public utility to buy or merge with a separate and distinct neighboring electric public utility, or to sell power to such other public utility where it has never undertaken as such public utility to provide such service. Georgia Power Co. v. Georgia Pub. Serv. Comm'n, 211 Ga. 223, 85 S.E.2d 14 (1954).

Right of utilities to contract.

- Public utilities have the right to enter into contracts between themselves, or with others, free from control or supervision of the state, so long as such contracts are not unconscionable or oppressive and do not impair the obligation of the utility to discharge its public duties. Georgia Power Co. v. Georgia Pub. Serv. Comm'n, 211 Ga. 223, 85 S.E.2d 14 (1954).

RESEARCH REFERENCES

Am. Jur. 2d.

- 27A Am. Jur. 2d, Energy and Power Sources, §§ 40, 46, 154.

C.J.S.

- 29 C.J.S., Electricity, §§ 3, 30, 31. 38 C.J.S., Gas, §§ 6, 17 et seq., 64 et seq.

ALR.

- Implied obligation with respect to character or extent of service by gas company, 21 A.L.R. 671.

Measure and amount of damages for breach of duty to furnish water, gas, light, or power service, 108 A.L.R. 1174.

Special requirements of consumer as giving rise to implied contract by public utility to furnish particular amount of electricity, gas, or water, 13 A.L.R.2d 1233.

Civil rights: racial or religious discrimination in furnishing of public utilities services or facilities, 53 A.L.R.3d 1027.

Validity of imposition, by state regulation, of natural gas use priorities, 84 A.L.R.3d 541.


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