25 LC 55 0447
Senate Bill 94
By: Senators Hufstetler of the 52nd, Anavitarte of the 31st, Williams of the 25th, Robertson
of the 29th, Albers of the 56th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 46 of the Official Code of Georgia Annotated, relating to public utilities and
1
public transportation, so as to reestablish a consumer utility counsel to represent consumers2
in matters before the Public Service Commission or other agencies concerning public3
utilities; to provide legislative findings; to provide definitions; to create the Office of the4
Consumers' Utility Counsel; to establish the position of director of such office; to provide5
for the appointment and compensation of the director; to provide reporting requirements of6
the director; to provide for the powers and duties of the director; to provide for notice and7
service requirements; to authorize the director to take depositions and conduct discovery; to8
authorize the director to employ certain personnel; to require that certain employees of the9
Public Service Commission be made available to assist the director; to provide for statutory10
construction; to provide for related matters; to repeal conflicting laws; and for other11
purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
SECTION 1.14
Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public15
transportation, is amended by revising Chapter 10, which is reserved, as follows:16
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"CHAPTER 10
17
46-10-1.18
The General Assembly recognizes the importance of effective and economical public
19
utilities to the economy of the State of Georgia. It is further recognized that the citizens20
of Georgia should receive adequate utility services at the lowest reasonable cost to the21
consumer while maintaining the ability of public utilities to furnish their products and22
services. It is further recognized that consumers should receive the benefit of technological23
advances. It is further recognized that the Public Service Commission has been established24
for the purpose of regulating public utilities and the rates which they charge the consumer25
and that the commission is responsible for representing the public interest. The General26
Assembly is aware, however, that the commission must be furnished with all available27
information concerning the effects of its decisions in rate cases and proceedings before it.28
It is the purpose of this chapter to ensure that the commission receives such information,29
particularly in those cases which directly involve the vast majority of Georgia's citizens.30
46-10-2.31
As used in this chapter, the term:32
(1) 'Consumer' means:33
(A) An individual user, primarily for personal, family, or household purposes, of the34
product or service of a public utility which is under the jurisdiction of the commission;35
or36
(B) Any sole proprietorship, partnership, corporation, or other entity which is a37
commercial user of the product or service of a public utility which is under the38
jurisdiction of the commission and which has ten or fewer employees and a net income39
after taxes of $100,000.00 per annum or less for federal income tax purposes.40
(2) 'Director' means the director of the office.41
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(3) 'Office' means the Office of the Consumers' Utility Counsel.42
46-10-3.43
There is created the Office of the Consumers' Utility Counsel, which shall be assigned for44
administrative purposes only to the commission. There is created the position of director45
of the office. The director shall be appointed and removed by the Governor. The director46
shall be a practicing attorney qualified by knowledge and experience to practice in public47
utility proceedings. The director shall receive compensation in an amount to be determined48
by the Governor, but not to exceed the annual salary set for each district attorney in49
paragraph (21) of Code Section 45-7-4. In addition to such compensation, the director50
shall also receive reimbursement for his or her reasonable and necessary expenses incurred51
in the performance of his or her duties, as provided by law for state employees. The52
director shall not engage in the private practice of law while employed as director. The53
director shall, by December 31 of each year, submit a written report of the annual activities54
and expenditures of the office to the Governor, the Speaker of the House of55
Representatives, the President of the Senate, the chairperson of the House Committee on56
Energy, Utilities, and Telecommunications, and the chairperson of the Senate Regulated57
Industries and Utilities Committee.58
46-10-4.59
(a) The director shall be entitled to appear, as a party or otherwise, on behalf of the60
consumers of this state of services provided by any person, firm, or corporation subject to61
the jurisdiction of the commission in all proceedings before the commission which may62
involve or affect rates for service or services of utilities and in all other proceedings before63
the commission under its regulatory jurisdiction over utilities.64
(b) The director may also appear in the same representative capacity as provided in65
subsection (a) of this Code section in similar administrative proceedings affecting the66
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consumers of this state before any federal administrative agency or body which has67
regulatory jurisdiction over rates, services, and similar matters with respect to public utility68
services provided by any public utility doing business in this state.69
(c) The director shall be authorized in the same representative capacity as provided in70
subsection (a) of this Code section to initiate proceedings, by complaint or otherwise,71
before any federal or state administrative agency before which he or she is otherwise72
authorized to appear, with respect to matters properly within the cognizance of those73
agencies.74
(d) The director shall be authorized in the same representative capacity as provided in75
subsection (a) of this Code section to initiate or intervene as of right or otherwise appear76
in any judicial proceeding involving or arising out of any action taken by an administrative77
agency in a proceeding in which the director is authorized to appear under subsection (a),78
(b), or (c) of this Code section.79
46-10-5.80
(a) In addition to other requirements of service and notice imposed by law, a copy of any81
application, complaint, pleading, or notice filed with or issued by the commission82
concerning public utilities shall also be served on the director, and the director shall be83
notified of any other correspondence or paper filed with or issued by the commission or its84
staff concerning public utilities. The commission shall not proceed to hear or determine85
any petition, complaint, or proceeding in which the director is entitled to appear unless it86
shall affirmatively appear that the director was given at least ten days' written notice87
thereof, unless such notice is affirmatively waived in writing or the director appears and88
specifically waives such notice.89
(b) The director is authorized to take depositions and obtain discovery of any matter which90
is not privileged and which is relevant to the subject matter involved in any proceeding or91
petition before the commission in the same manner and subject to the same procedures92
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which would otherwise be applicable if such proceeding was then pending before a93
superior court. The superior courts and the judges and clerks thereof are authorized to94
issue all orders, injunctions, and subpoenas and to take all actions necessary to carry out95
this subsection.96
46-10-6.97
The director is authorized to employ such assistants as he or she may need and is98
authorized to employ or retain and fix the compensation of such consultants, expert99
witnesses, accountants, engineers, attorneys, investigators, stenographers, or other technical100
or clerical assistance, as may be necessary to carry out his or her duties; provided, however,101
that no such employment shall occur nor shall any contracts for payment of fees or102
expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys,103
investigators, stenographers, or other technical or clerical assistance unless such104
employment or such contracts can be achieved using funds appropriated for such purposes. 105
The office shall keep suitable and proper records of all such expenditures. The106
compensation of the director and such staff shall be paid from state funds appropriated to107
the commission for the purpose of carrying out the provisions of this chapter.108
46-10-7.109
Services of all engineers, experts, accountants, and other technical assistants employed by110
the commission shall be made available to the director in the performance of his or her111
duties. Such engineers, experts, accountants, and technical assistants shall make such112
appraisals and audits as the director, with the approval of the commission, may request.113
The director and his or her staff shall have access to all records, files, reports, documents,114
and other information in the possession or custody of the commission to the same extent115
as the members of the commission and its staff have access thereto and subject to the same116
limitations imposed on the use thereof by the members of the commission and its staff.117
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46-10-8.118
This chapter shall not be construed to prevent any party interested in any proceeding or119
action before the commission, any court, or any administrative body from appearing in120
person or by counsel in such proceeding or action. Reserved."121
SECTION 2.122
All laws and parts of laws in conflict with this Act are repealed.123
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