Jurisdiction of Commission Over Cogeneration Facilities

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Electrical Service
  5. Generation and Distribution of Electricity Generally
  6. Sale of Electricity by Facility Generating Electricity, Steam, or Other Forms of Energy for Its Own Consumption
  7. Jurisdiction of Commission Over Cogeneration Facilities

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  1. Any person may operate a cogeneration facility without being subject to the jurisdiction or regulation of the commission if such person uses all of the electric energy, steam, or other form of useful energy produced at such cogeneration facility. The electric energy shall not be sold to any other person except as provided in subsection (b) of this Code section.
  2. Any person may operate a cogeneration facility and sell any excess electric energy to an electric supplier without being subject to the jurisdiction or regulation of the commission; provided, however, that nothing in this article shall except a person from compliance with federal law.

(Ga. L. 1979, p. 389, § 4; Code 1981, §46-3-52; Ga. L. 1981, p. 808, § 1; Code 1981, §46-3-53, as redesignated by Ga. L. 2001, p. 1149, § 1; Ga. L. 2002, p. 415, § 46.)

The 2002 amendment, effective April 18, 2002, part of an Act to revise, modernize, and correct the Code, substituted "except" for "affect" in subsection (b).

OPINIONS OF THE ATTORNEY GENERAL

Retail sales by cogenerators.

- Under current Georgia laws, cogenerators may not make retail sales of electricity in Georgia except to electric suppliers. 1985 Op. Att'y Gen. No. 85-42.


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