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Official Code of Georgia Annotated

Title 46. PUBLIC UTILITIES AND PUBLIC TRANSPORTATION · Chapter 3A. INTEGRATED RESOURCE PLANNING

46-3A-3. Actions prohibited without a certificate of public convenience and necessity.

Active

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

  1. (a)

    After January 31, 1992, no utility shall commence the construction of an electric plant, sell an existing plant or any portion thereof which is included in the retail rate base or which has been certified, enter into a long-term purchase of electric power, or make expenditures for a demand-side capacity option for serving the utility’s Georgia retail customers without having first obtained from the commission a certificate that public convenience and necessity requires, or will require, such construction, sale, purchase, or expenditure.#

  2. (b)

    No utility shall increase or decrease the capacity of:#

    1. (1)

      A generating unit of an electric power plant;#

    2. (2)

      A long-term power purchase; or#

    3. (3)

      A demand-side capacity option#

    4. by more than 15 percent of its demonstrated capacity in megawatts for serving the utility’s Georgia retail customers without first obtaining a certificate or an amendment to a certificate, as appropriate, that public convenience or necessity requires or will require such increase or decrease; provided, however, that no certificate shall be required if the increase or decrease is caused by a rule, regulation, or law mandated by any duly constituted local, state, or federal governmental body or agency or is caused by power pooling, forced or maintenance outages, or short-term sales for a period of less than one year.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 46-3A-3, enacted by Ga. L. 1991, p. 1696, § 1; Ga. L. 2025, p. 1029, § 46(26)/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 undesignated paragraph at the end of subsection (b).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Session of the General Assembly of Georgia.

Text read from t46-(v34)-2025-pdf.pdf, Volume V34, 2025 edition, page 379; merge action: bound only; file SHA-256 53ab60ae5027.