HB1443: HB1443 Public Service Commission; allow designee of a member of the General Assembly to intervene in certain cases

26 LC 56 0636 House Bill 1443 By: Representatives Parsons of the 44th, Ridley of the 22nd, Frye of the 122nd, Martin of the 49th, and Williams of the 37th A BILL TO BE ENTITLED AN ACT To amend Code Section 46-2-59 of the Official Code of Georgia A nnotated, relating to1 permissible parties in proceedings before commission, intervention in proceedings generally,2 limited appearances, and procedure for granting leave to interv ene, so as to allow the3 designee of a member of the General Assembly to intervene in certain cases before the Public4 Service Commission; to provide for related matters; to repeal conflicting laws; and for other5 purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 Code Section 46-2-59 of the Official Code of Georgia Annotated, relating to permissible9 parties in proceedings before commission, intervention in proce edings generally, limited10 appearances, and procedure for granting leave to intervene, is amended as follows:11 "46-2-59.12 (a) In all proceedings before the commission, the parties to such proceeding shall consist13 of the affected applicant, any person who is permitted to intervene as provided in this Code14 section, and the Utility Finance Section established pursuant to Article 2A of this chapter.15 H. B. 1443 - 1 - 26 LC 56 0636 (b) Any person on whom a statute confers an unconditional righ t to intervene may16 intervene by filing a notice of intervention with the commissio n or hearing officer, as17 appropriate.18 (c) Any other person desiring to intervene must file an application for leave to intervene19 within 30 days following the first published notice of the proceeding. Any such application20 shall be in writing, shall be verified either by the party intervening or by his or her attorney21 on information and belief, shall identify the party requesting the intervention, and shall set22 forth with particularity the facts pertaining to his or her interest and the grounds upon23 which his or her application for intervention are based. Such application shall be served on24 all other parties in the proceeding, including those who have previously applied for leave25 to intervene. No untimely application for leave to intervene sh all be granted by the26 presiding authority except for good cause shown.27 (d) Any party or person who has previously applied for leave to intervene in a proceeding28 in which leave to intervene is sought by another person may fil e a response to the29 application for leave to intervene within 15 days after the application is served.30 (e) The commission or hearing officer shall permit only the following persons to intervene:31 (1) A person upon whom a statute confers an unconditional right to intervene;32 (2) A person who demonstrates a legal, property, or other interest in the proceeding. In33 determining whether to permit intervention, the hearing officer may consider whether the34 person's interest is adequately represented by other parties and whether the intervention35 will unduly delay the proceedings or prejudice the rights of other parties; and36 (3) Any member of the General Assembly of the State of Georgia or his or her designee,37 who may without fee intervene on behalf of his or her constituents with the full rights and38 privileges of a designated party.39 (f) The commission or hearing officer may condition any order permitting intervention so40 as to assure the orderly conduct of the proceeding.41 H. B. 1443 - 2 - 26 LC 56 0636 (g) A person who is not a party may make a limited appearance by making an oral or42 written statement of his or her position on the issues within such limits and on such43 conditions as may be fixed by the hearing officer; but he or sh e may not otherwise44 participate in the proceeding.45 (h) A party granted leave to intervene shall be present, absent good cause shown, during46 that portion of the proceedings for which that party has indicated a desire to be heard.47 (i) An order by a hearing officer denying or conditioning an a pplication for leave to48 intervene shall be immediately reviewable by the commission. An order by the commission49 denying or conditioning an application for leave to intervene s hall be immediately50 reviewable as provided by law for the judicial review of final commission orders.51 (j) Nothing in this Code section shall be construed to prohibit the commission from taking52 any action prior to the expiration of the 30 day period during which persons are permitted53 to file applications for leave to intervene."54 SECTION 2.55 All laws and parts of laws in conflict with this Act are repealed.56 H. B. 1443 - 3 -