HB446: HB446 Public Service Commission; discovery rights in proceedings; revise provisions

Under current Georgia law, only employees and agents of the Public Service Commission are authorized to take depositions and gather other discovery in cases before the commission. This bill rewrites O.C.G.A. § 46-2-57 to extend those same discovery rights to every party in a gas company rate case, including intervenors who have been granted party status and the gas company itself. The bill also updates who can ask the Superior Court of Fulton County for help enforcing discovery: not just the commission, but any party granted discovery rights under the new rule, including intervenors and gas companies. It keeps existing rules letting the court extend a rate suspension period if a utility completely fails to respond to a valid discovery request, and requires the court to hear any such application within 20 days of filing.

• Gives all parties in a gas company rate case before the Public Service Commission, including intervenors and the gas company itself, the same discovery rights as under Georgia's civil discovery rules (O.C.G.A. Chapter 11 of Title 9), not just commission staff.
• Expands who can petition the Superior Court of Fulton County for discovery-related orders, injunctions, and subpoenas to include all parties with discovery rights, not only the commission.
• Keeps the existing rule letting the Superior Court of Fulton County extend a rate suspension period if a utility completely fails to respond to a valid discovery request.
• Keeps the requirement that any discovery-related application or petition be heard within 20 days of filing and resolved promptly.
• Repeals any other Georgia laws that conflict with these changes.

The change directly affects the Georgia Public Service Commission, gas companies involved in rate-setting cases under O.C.G.A. § 46-2-23.1 or § 46-4-154, and intervenors (such as consumer or advocacy groups) who are granted party status in those proceedings before the commission.

Gas companies and intervenors in Public Service Commission rate cases would gain the same ability to take depositions and demand documents that only commission staff currently have, which could change how evidence is gathered and disputed in decisions that affect gas rates paid by Georgia customers.

• Section 1 rewrites O.C.G.A. § 46-2-57(a) to add that in gas rate proceedings under § 46-2-23.1 or § 46-4-154, all parties, including intervenors and the gas company, get full discovery rights under Chapter 11 of Title 9.
• Section 1 also revises subsection (b) so that any party granted these discovery rights, not just the commission, may petition the Superior Court of Fulton County for orders, injunctions, and subpoenas to enforce discovery.
• Subsection (c) keeps the court's authority to extend a rate suspension period if a utility completely fails to respond to a valid discovery request.
• Subsection (d) keeps the requirement that discovery-related applications or petitions be heard within 20 days of filing.
• Section 2 repeals any conflicting Georgia laws.

1. 2025-02-19House Second Readers (House)
2. 2025-02-18House First Readers (House)
3. 2025-02-13House Hopper (House)

• Jordan Ridley (R, HD-022)Primary sponsor
• William Werkheiser (R, HD-157)
• Matt Barton (R, HD-005)
• Don Parsons (R, HD-044)
• Mitchell Horner (R, HD-003)
• Eric Gisler (D, HD-121)

• Public Service Commission
• gas rates
• utility regulation
• discovery rights
• Fulton County courts