---
title: O.C.G.A. § 46-3A-10. Effect on rates of changed revenues and risks; basis and effect of commission decision.
collection: code
id: 46-3A-10
cite_as: O.C.G.A. § 46-3A-10 (2025)
canonical_url: https://georgiacommons.org/code/46-3A-10
md_url: https://georgiacommons.org/code/46-3A-10.md
text_url: https://georgiacommons.org/code/46-3A-10/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=383
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.
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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 / INTEGRATED RESOURCE PLANNING
---

# O.C.G.A. § 46-3A-10. Effect on rates of changed revenues and risks; basis and effect of commission decision.

In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission’s decision in any certification, recertification, modification, or construction review proceeding shall be based on evidence of record. Compliance with the provisions of the certificate as approved or modified by the commission shall result in a presumption of prudence. The commission’s findings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, that the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal governmental body or agency from its regulation of environmental or safety matters incidental to construction of electric generating plants.

## History

Code 1981, § 46-3A-10, enacted by Ga. L. 1991, p. 1696, § 1; Ga. L. 2025, p. 1029, § 46(27)/SB 153, effective July 1, 2025.

## Amendments

The 2025 amendment, effective July 1, 2025, part of an Act to revise, modernize, and correct the Code, substituted “however, that” for “however,” in the last sentence.