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 <del>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</del> <ins>proceeding before the
commission, all parties to the particular proceeding, including</ins> intervenors who are granted
party status pursuant to Code Section 46-2-59, <del>as well as the gas company subject to the
particular proceeding,</del> 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 <ins>all
parties to a proceeding before the commission, including</ins> intervenors <del>and gas companies,
</del> 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 <del>by the commission, its agents, or its employees
</del> pursuant to <ins>subsection (b) of</ins> 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.