Civil and Criminal Penalties for Actions or Omissions by Officers and Directors of Electric Membership Corporations and Foreign Electric Cooperatives

  1. Law
  2. Georgia Code
  3. Public Utilities and Public Transportation
  4. Electrical Service
  5. Electric Membership Corporations and Foreign Electric Cooperatives
  6. Penalties
  7. Civil and Criminal Penalties for Actions or Omissions by Officers and Directors of Electric Membership Corporations and Foreign Electric Cooperatives

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  1. When an officer or director of an electric membership corporation or foreign electric cooperative fails or refuses within the time prescribed by Code Section 46-3-521 to answer truthfully and fully interrogatories propounded to him by the Secretary of State in accordance with Code Section 46-3-521, the Secretary of State shall certify such fact to the Attorney General and shall concurrently mail to the officer or director a notice, addressed to such officer or director at the registered office of the electric membership corporation or foreign electric cooperative, or, if there is no such registered office, at the last known address of the electric membership corporation or foreign electric cooperative as shown by the records of the Secretary of State, that such certification has been made, together with a statement of the facts pertinent thereto. Within 60 days of the date of such certification, the Attorney General shall apply in the name of the state to the superior court of the county where the registered office or principal office of the electric membership corporation, as shown by the records of the Secretary of State, is situated for an order compelling the officer or director to answer the interrogatories truthfully and fully, unless prior to the filing of such application the officer or director shall have so answered the interrogatories. If the officer or director fails or refuses to comply with the order within 30 days from the date of its entry, such failure or refusal may be considered a contempt of that court; and the officer or director may be fined therefor in any amount not exceeding $500.00.
  2. Each officer or director of an electric membership corporation or foreign electric cooperative who signs any articles, statement, report, application, or other document filed with the Secretary of State which is known to such officer or director to be false in any material respect shall be guilty of a misdemeanor and, upon conviction thereof, may be fined in any amount not exceeding $500.00.

(Code 1933, § 34C-1602, enacted by Ga. L. 1981, p. 1587, § 1.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 19 Am. Jur. 2d, Corporations, §§ 1684-1686. 36 Am. Jur. 2d, Foreign Corporations, § 281.

CHAPTER 3A INTEGRATED RESOURCE PLANNING

Sec.

  • 46-3A-1. Definitions.
  • 46-3A-2. Filing and approval of an integrated resource plan.
  • 46-3A-3. Actions prohibited without a certificate of public convenience and necessity.
  • 46-3A-4. Issuance of a certificate of public convenience and necessity; application to include plan and cost-benefit analysis.
  • 46-3A-5. Application for certificate; hearing; decision; contents of certificate; fee.
  • 46-3A-6. Reexamination of a certificate of public convenience and necessity; modification or revocation.
  • 46-3A-7. Construction costs as part of rate base; review of construction work in progress; verification of expenditures; recovery of costs of canceled construction.
  • 46-3A-8. Recovery of actual cost of certificated long-term power purchase.
  • 46-3A-9. Recovery of actual cost of certificated demand-side capacity option.
  • 46-3A-10. Effect on rates of changed revenues and risks; basis and effect of commission decision.
  • 46-3A-11. Inapplicability of chapter to providers whose rates not fixed by commission.
Law reviews.

- For note on 1991 enactment of this chapter, see 8 Ga. St. U.L. Rev. 171 (1992). For comment, "Integrated Resource Planning and Demand-Side Management In Electric Utility Regulation: Public Utility Panacea or A Waste of Energy?," see 43 Emory L.J. 815 (1994).


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