---
title: O.C.G.A. § 46-3-52. Jurisdiction of commission over cogeneration facility the energy from which is used solely by operator.
collection: code
id: 46-3-52
cite_as: O.C.G.A. § 46-3-52 (2025)
canonical_url: https://georgiacommons.org/code/46-3-52
md_url: https://georgiacommons.org/code/46-3-52.md
text_url: https://georgiacommons.org/code/46-3-52/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t46-(v34)-2025-pdf.pdf?sfvrsn=48adb3c4_0#page=184
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/46-3.md
previous: https://georgiacommons.org/code/46-3-51.md
next: https://georgiacommons.org/code/46-3-53.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Session of the General Assembly of Georgia
heading_path: PUBLIC UTILITIES AND PUBLIC TRANSPORTATION / ELECTRICAL SERVICE / GENERATION AND DISTRIBUTION OF ELECTRICITY GENERALLY / SALE OF ELECTRICITY BY FACILITY GENERATING ELECTRICITY, STEAM, OR OTHER FORMS OF ENERGY FOR ITS OWN CONSUMPTION
---

# O.C.G.A. § 46-3-52. Jurisdiction of commission over cogeneration facility the energy from which is used solely by operator.

As used in this part, the term:

(1) “Bidirectional metering” means measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer’s distributed generation facility using the same meter.

(2) “Cogeneration facility” means a facility, other than a distributed generation facility, which produces electric energy, steam, or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.

(3) “Customer generator” means the owner and operator of a distributed generation facility.

(4) “Distributed generation facility” means a facility owned and operated by a customer of the electric service provider for the production of electrical energy that:

(A) Uses a solar Photovoltaic system, fuel cell, or wind turbine;

(B) Has a peak generating capacity of not more than 10kw for a residential application and 100kw for a commercial application;

(C) Is located on the customer’s premises;

(D) Operates in parallel with the electric service provider’s distribution facilities;

(E) Connected to the electric service provider’s distribution system on either side of the electric service provider’s meter; and

(F) Is intended primarily to offset part or all of the customer generator’s requirements for electricity.

(5) “Electric membership corporation” means a corporation organized under Article 2 of this chapter.

(6) “Electric service provider” means any electric utility, electric membership corporation, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.

(7) “Electric supplier” means any electric utility, electric membership corporation furnishing wholesale service, any municipal electric utility or any other person which furnishes wholesale service to any municipality, and the Tennessee Valley Authority.

(8) “Electric utility” means any retail supplier of electricity whose rates are fixed by the commission.

(9) “Municipal electric utility” means a city or town that owns or operates an electric utility.

(10) “Person” means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.

(11) “Renewable energy sources” means energy supplied from technologies as approved in the Georgia Green Pricing Accreditation Program.

## History

Ga. L. 1979, p. 389, § 3; Code 1981, § 46-3-51; Code 1981, § 46-3-52, as redesignated by Ga. L. 2001, p. 1149, § 1; Ga. L. 2025, p. 1029, § 46(12)/SB 153, effective July 1, 2025.

## Code Commission Notes

Pursuant to Code Section 28-9-5, in 2001, punctuation was modified in paragraph (4) (now paragraph (3)); and “10kw” was substituted for “10kW” and “100kw” was substituted for “100kW” in subparagraph (5)(B) (now subparagraph (4)(B)).

## Editor's Notes

Ga. L. 2001, p. 1149, § 1, redesignated former Code Section 46-3-52 as present Code Section 46-3-53.

## Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, deleted former paragraph (3), which read: “‘Commission’ means the Georgia Public Service Commission.” and redesignated former paragraphs (4) through (12) as present paragraphs (3) through (11), respectively.