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

25 LC 55 0444 House Bill 446 By: Representatives Ridley of the 22nd, Gullett of the 19th, Werkheiser of the 157th, Barton of the 5th, Parsons of the 44th, and others A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 2 of Title 46 of the Official Cod e of Georgia Annotated,1 relating to investigations and hearings of the Public Service C ommission, so as to revise2 provisions concerning discovery rights in proceedings before th e Public Service3 Commission; to provide for related maters; to repeal conflicting laws; and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 3 of Chapter 2 of Title 46 of the Official Code of Geor gia Annotated, relating to7 investigations and hearings of the Public Service Commission, is amended by revising Code8 Section 46-2-57, relating to obtaining of discovery by employees and agents of commission,9 petitions by commission for necessary orders, injunctions, and subpoenas, extension of10 suspension period by Superior Court of Fulton County, and time of hearing of applications11 and petitions from commission, as follows:12 "46-2-57.13 (a) In any case pending before it, the commission, in addition to its now existing authority14 to do so, is authorized to issue an order permitting its employ ees and agents to take15 depositions and otherwise obtain discovery of any matter, not privileged, which is relevant16 H. B. 446 - 1 - 25 LC 55 0444 to the subject matter involved in the investigation, proceeding , or petition before the17 commission, in the same manner prescribed in Chapter 11 of Title 9 for discovery in civil18 actions. In any case involving an application of a gas company to establish just and19 reasonable rates pursuant to Code Section 46-2-23.1 or 46-4-154 proceeding before the20 commission, all parties to the particular proceeding, including intervenors who are granted21 party status pursuant to Code Section 46-2-59, as well as the gas company subject to the22 particular proceeding, shall have all discovery rights available under Chapter 11 of Title 9.23 (b) The commission, its agents and employees as directed by th e commission, and all24 parties to a proceeding before the commission, including intervenors and gas companies,25 which are granted discovery rights under subsection (a) of this Code section are authorized26 to petition the Superior Court of Fulton County for all orders, injunctions, and subpoenas27 necessary to carry out the provisions of this Code section whic h would otherwise be28 authorized or necessary under Chapter 11 of Title 9; and the judges and clerks of the court29 are authorized to issue all such orders, injunctions, and subpo enas and to take all other30 actions necessary to carry out this Code section which would otherwise be authorized or31 necessary under Chapter 11 of Title 9.32 (c) In addition to the sanctions which may be imposed under Code Section 9-11-37, the33 Superior Court of Fulton County is further authorized to extend the period of suspension34 of the operation of any new schedules and defer the use of such rates, charges,35 classifications, or service beyond the time authorized by Code Section 46-2-25, if the court,36 upon application of the commission, determines that the failure of any regulated utility to37 comply with a discovery request of the commission, its agents, o r i t s e m p l o y e e s i s38 unreasonable and requires such extension. No such extension of the period of suspension39 shall be considered by the court unless the utility has failed completely to respond to a40 valid deposition or discovery request.41 (d) Any application or petition made by the commission, its ag ents, or its employees42 pursuant to subsection (b) of this Code section shall be heard within 20 days of the filing43 H. B. 446 - 2 - 25 LC 55 0444 of the application or petition, irrespective of whether any res ponse to the application or44 petition has previously been made, and shall be disposed of promptly."45 SECTION 2.46 All laws and parts of laws in conflict with this Act are repealed.47 H. B. 446 - 3 -