---
title: HB 446. Public Service Commission; discovery rights in proceedings; revise provisions
collection: bills
id: 2025-2026/hb446
cite_as: HB 446, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb446
md_url: https://georgiacommons.org/bills/2025-2026/hb446.md
text_url: https://georgiacommons.org/bills/2025-2026/hb446/text
source_url: https://www.legis.ga.gov/legislation/70318
date: 2025-02-19
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb446.md?full=1
bill_number: HB 446
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2025-02-13
last_action: House Second Readers
sponsors:
- Jordan Ridley
- William Werkheiser
- Matt Barton
- Don Parsons
- Mitchell Horner
- Eric Gisler
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB446/2025
upstream_id: 1970370
summaries_model: claude-sonnet-5
topic_tags:
- Public Service Commission
- utility regulation
- discovery rights
- gas and electric rates
---
# HB 446. Public Service Commission; discovery rights in proceedings; revise provisions
## Text
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 Code of Georgia Annotated,
relating to investigations and hearings of the Public Service Commission, so as to revise
provisions concerning discovery rights in proceedings before the Public Service
Commission; to provide for related maters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Article 3 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to
investigations and hearings of the Public Service Commission, is amended by revising Code
Section 46-2-57, relating to obtaining of discovery by employees and agents of commission,
petitions by commission for necessary orders, injunctions, and subpoenas, extension of
suspension period by Superior Court of Fulton County, and time of hearing of applications
and petitions from commission, as follows:
"46-2-57.
(a) In any case pending before it, the commission, in addition to its now existing authority
to do so, is authorized to issue an order permitting its employees and agents to take
depositions and otherwise obtain discovery of any matter, not privileged, which is relevant
to the subject matter involved in the investigation, proceeding, or petition before the
commission, in the same manner prescribed in Chapter 11 of Title 9 for discovery in civil
actions. In any case involving an application of a gas company to establish just and
reasonable rates pursuant to Code Section 46-2-23.1 or 46-4-154 proceeding before the
commission, all parties to the particular proceeding, including intervenors who are granted
party status pursuant to Code Section 46-2-59, as well as the gas company subject to the
particular proceeding, shall have all discovery rights available under Chapter 11 of Title 9.
(b) The commission, its agents and employees as directed by the commission, and all
parties to a proceeding before the commission, including intervenors and gas companies,
which are granted discovery rights under subsection (a) of this Code section are authorized
to petition the Superior Court of Fulton County for all orders, injunctions, and subpoenas
necessary to carry out the provisions of this Code section which would otherwise be
authorized or necessary under Chapter 11 of Title 9; and the judges and clerks of the court
are authorized to issue all such orders, injunctions, and subpoenas and to take all other
actions necessary to carry out this Code section which would otherwise be authorized or
necessary under Chapter 11 of Title 9.
(c) In addition to the sanctions which may be imposed under Code Section 9-11-37, the
Superior Court of Fulton County is further authorized to extend the period of suspension
of the operation of any new schedules and defer the use of such rates, charges,
classifications, or service beyond the time authorized by Code Section 46-2-25, if the court,
upon application of the commission, determines that the failure of any regulated utility to
comply with a discovery request of the commission, its agents, or its employees is
unreasonable and requires such extension. No such extension of the period of suspension
shall be considered by the court unless the utility has failed completely to respond to a
valid deposition or discovery request.
(d) Any application or petition made by the commission, its agents, or its employees
pursuant to subsection (b) of this Code section shall be heard within 20 days of the filing
of the application or petition, irrespective of whether any response to the application or
petition has previously been made, and shall be disposed of promptly."
SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
A bill in the Georgia House would expand discovery rights before the Public Service Commission so that all parties in any PSC proceeding, not just gas companies in rate cases, can use civil court discovery tools like depositions.
### Plain-language summary
Current Georgia law (O.C.G.A. § 46-2-57) lets Public Service Commission staff and, in a narrow set of cases involving gas company rate applications, intervenors and the gas company itself use the discovery procedures found in Georgia's civil litigation rules to gather evidence, such as depositions and document requests. This bill removes that narrow limitation and instead grants discovery rights to all parties in any proceeding before the commission, including anyone who has been granted intervenor status.
The bill also broadens who can ask the Superior Court of Fulton County for help enforcing discovery, from just the commission and gas companies to any party in a PSC proceeding. It similarly widens which applications or petitions must be heard within 20 days, removing wording that limited that fast-track hearing rule to requests filed by the commission itself. The bill does not change the underlying discovery rules themselves, found in Chapter 11 of Title 9, or the sanctions available for noncompliance.
### What it does
- Expands discovery rights under Chapter 11 of Title 9 (Georgia's civil discovery rules) to all parties in any Public Service Commission proceeding, not just gas rate cases.
- Removes the specific carve-out that previously limited full discovery rights to gas companies and intervenors in gas rate applications under O.C.G.A. §§ 46-2-23.1 or 46-4-154.
- Allows any party to a commission proceeding, including intervenors, to petition the Superior Court of Fulton County for orders, injunctions, or subpoenas to enforce discovery.
- Broadens the 20-day expedited hearing requirement to cover any application or petition filed under the discovery enforcement provision, not just ones filed by the commission.
### Who it affects
The Public Service Commission and its staff, regulated utilities such as electric, gas, and telephone companies, and any individuals or groups granted intervenor status in commission proceedings, such as advocacy groups or competing businesses involved in rate cases.
### Why it matters
Utilities and other parties involved in Public Service Commission cases, such as electric rate reviews or certificate applications, would gain broader tools to gather evidence from each other, potentially making proceedings more adversarial but also more transparent, beyond the current limits that mostly apply to gas rate cases.
### Key provisions
- Section 1 rewrites O.C.G.A. § 46-2-57(a) to extend full civil-style discovery rights to all parties in any commission proceeding rather than only gas rate cases.
- Section 1 revises subsection (b) so that any party granted discovery rights, not just the commission or gas companies, can petition the Superior Court of Fulton County for enforcement orders.
- Subsection (c) is unchanged and still lets that court extend a rate suspension period if a utility completely fails to respond to a valid discovery request.
- Section 1 revises subsection (d) to require a hearing within 20 days for any application or petition under the enforcement provision, removing the prior limit to filings by the commission.
- Section 2 repeals any conflicting laws.
## Status
- Status: Introduced (2025-02-13)
- Last action: House Second Readers (2025-02-19)
- Sponsors: Jordan Ridley, William Werkheiser, Matt Barton, Don Parsons, Mitchell Horner, Eric Gisler
- Official page: https://www.legis.ga.gov/legislation/70318
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb446.md?full=1