2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 2 - Public Service Commission
Article 2 - Jurisdiction, Powers, and Duties Generally
§ 46-2-21. Extension of Commission's Powers and Duties to Street Railroads, Telegraph Companies, Telephone Companies, and Gas and Electric Light and Power Companies

1. The powers and duties conferred by law prior to August 23, 1907, upon the commission and its authority and control shall extend to street railroads and to companies owning, leasing, or operating street railroads in this state, provided that nothing in this Code section shall be construed to impair any valid contract between any municipality and any such company in force on that date; provided, further, that this Code section shall not operate to repeal any municipal ordinance existing on that date; nor shall it impair or invalidate any contract or ordinance of any municipality made or adopted since that date as to the public uses of such company, which contract or ordinance has received the assent of the commission.
2. The powers and duties conferred by law prior to August 23, 1907, upon the commission and its authority and control shall also extend to:
   1. Docks and wharves, and companies owning, leasing, or operating the same;
   2. Terminals or terminal stations, and companies owning, leasing, or operating the same;
   3. Cotton compress corporations or associations, and companies owning, leasing, or operating the same;
   4. Telegraph or telephone companies, or persons owning, leasing, or operating a public telephone service or telephone lines in this state; and
   5. Gas and electric light and power companies, or persons owning, leasing, or operating public gas plants or electric light and power plants furnishing service to the public.

(Ga. L. 1907, p. 72, § 5; Ga. L. 1908, p. 67, § 1; Civil Code 1910, § 2662; Ga. L. 1922, p. 143, § 1; Code 1933, § 93-304.)

- For survey article on local government law, see 34 Mercer L. Rev. 225 (1982).

ANALYSIS

• General Consideration
• Powers of Commission

OPINIONS OF THE ATTORNEY GENERAL

Factors to be considered in determining public utility status.

- Whether a business operation renders such "service to the public" as to become a public utility is controlled by the facts of each particular case and the question depends on such factors as the extent of the service, whether the operation holds itself out as ready to serve the public generally - at least within a certain area - and whether in other ways it has conducted itself as a public utility. 1969 Op. Att'y Gen. No. 69-27.

In determining whether a business renders such public service as to qualify as a public utility, it is necessary to examine such factors as the extent of the service, whether the operation holds itself out as ready to serve the public generally, and whether in other ways the business has conducted itself as a public utility. 1972 Op. Att'y Gen. No. 72-84.

- Jurisdiction of Public Service Commission is restricted to those electric and gas companies which serve the public under former Code 1933, §§ 93-304 and 93-307 (see O.C.G.A §§ 46-2-20 and46-2-21). 1972 Op. Att'y Gen. No. 72-84.

- Public Service Commission has jurisdiction over proposed increase in fares, even though the city in which the transit company operates has already provisionally assented thereto. 1950-51 Op. Att'y Gen. p. 205.

- Public Service Commission does not have jurisdiction over rates charged by trailer park owner to tenants occupying space in the owner's trailer park. 1969 Op. Att'y Gen. No. 69-27.

- The sale of water or electric energy to one's tenants, whether they be tenants of one's houses, office buildings or otherwise, is not service to the public as to require compliance with the laws on public utilities. 1969 Op. Att'y Gen. No. 69-27.

- A corporation which furnishes electricity and steam to a total of three other corporations which are engaged in general manufacturing operations does not serve a substantial segment of the public, and hence, is not engaged in "service to the public". 1972 Op. Att'y Gen. No. 72-84.

- The Georgia Public Service Commission does not have jurisdiction to regulate cellular radio telecommunication services where the company providing the service operates as a radio utility, but may have jurisdiction to regulate cellular radio telecommunication services where the company providing the service operates as a telephone utility. 1983 Op. Att'y Gen. No. 83-65.

Cellular communications service is not a telephone service and, as such, not subject to regulation by the Georgia Public Service Commission. 1994 Op. Att'y Gen. No. 94-7.

- The Georgia Public Service Commission may phase the cost of Plant Vogtle into the ratebase of Georgia Power Company prior to the commercial operation of the plant; the Georgia Public Service Commission has authority to phase the cost of Plant Vogtle into the ratebase of Georgia Power Company after the commercial operation of the plant if the phase-in meets certain legal requirements; but either ratemaking treatment should follow threshold regulatory principles. 1985 Op. Att'y Gen. No. U85-2.

- The Public Service Commission has no jurisdiction over master-metered customers so long as the activities of said customers do not constitute furnishing service to the public. 1985 Op. Att'y Gen. No. 85-39.

RESEARCH REFERENCES

ALR.

- Carrying freight on electric railway in street or highway as an additional servitude, 2 A.L.R. 1404; 46 A.L.R. 1472.

Power of Public Service Commission with respect to regulation of street railways, 5 A.L.R. 36; 39 A.L.R. 1517.

Jurisdiction of Public Service Commission over carriers transporting by motor trucks or busses, 9 A.L.R. 1011; 51 A.L.R. 820; 103 A.L.R. 268.

What telephone companies are within public utilities acts, 21 A.L.R. 1162; 132 A.L.R. 1495.

Power to require railroads or street railways to permit use of tracks in street by other companies, 28 A.L.R. 969.

Power of Public Service Commission to require railroad or street railway to extend its line or build new line to new territory, 30 A.L.R. 73.

Street easements as a factor in fixing a rate base for a street railway company, 49 A.L.R. 1477.

Validity of statute, ordinance, or other public regulation prescribing minimum number of employees for train or streetcar, 69 A.L.R. 343.