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of
the Georgia Code
2006 Georgia Code - 46-3A-3
46-3A-3. (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.
(b) No utility shall increase or
decrease the capacity of: (1)
A generating unit of an electric power plant; (2) A long-term power purchase; or
(3) A demand-side capacity
option 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, 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.
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