2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 3 - Electrical Service
Article 1 - Generation and Distribution of Electricity Generally
Part 3 - Sale of Electricity by Facility Generating Electricity, Steam, or Other Forms of Energy for Its Own Consumption
§ 46-3-52. Jurisdiction of Commission Over Cogeneration Facility the Energy From Which Is Used Solely by Operator

As used in this part, the term:

1. "Bidirectional metering" means measuring the amount of electricity supplied by an electric service provider and the amount fed back to the electric service provider by the customer's distributed generation facility using the same meter.
2. "Cogeneration facility" means a facility, other than a distributed generation facility, which produces electric energy, steam, or other forms of useful energy (such as heat) which are used for industrial, commercial, heating, or cooling purposes.
3. "Commission" means the Georgia Public Service Commission.
4. "Customer generator" means the owner and operator of a distributed generation facility.
5. "Distributed generation facility" means a facility owned and operated by a customer of the electric service provider for the production of electrical energy that:
   1. Uses a solar Photovoltaic system, fuel cell, or wind turbine;
   2. Has a peak generating capacity of not more than 10kw for a residential application and 100kw for a commercial application;
   3. Is located on the customer's premises;
   4. Operates in parallel with the electric service provider's distribution facilities;
   5. Connected to the electric service provider's distribution system on either side of the electric service provider's meter; and
   6. Is intended primarily to offset part or all of the customer generator's requirements for electricity.
6. "Electric membership corporation" means a corporation organized under Article 2 of this chapter.
7. "Electric service provider" means any electric utility, electric membership corporation, or municipal electric utility that is engaged in the business of distributing electricity to retail electric customers in the state.
8. "Electric supplier" means any electric utility, electric membership corporation furnishing wholesale service, any municipal electric utility or any other person which furnishes wholesale service to any municipality, and the Tennessee Valley Authority.
9. "Electric utility" means any retail supplier of electricity whose rates are fixed by the commission.
10. "Municipal electric utility" means a city or town that owns or operates an electric utility.
11. "Person" means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.
12. "Renewable energy sources" means energy supplied from technologies as approved in the Georgia Green Pricing Accreditation Program.

(Ga. L. 1979, p. 389, § 3; Code 1981, §46-3-51; Code 1981, §46-3-52, as redesignated by Ga. L. 2001, p. 1149, § 1.)

- Pursuant to Code Section 28-9-5, in 2001, punctuation was modified in paragraph (4); and "10kw" was substituted for "10kW" and "100kw" was substituted for "100kW" in subparagraph (5)(B).

- Ga. L. 2001, p. 1149, § 1, redesignated former Code Section 46-3-52 as present Code Section 46-3-53.

OPINIONS OF THE ATTORNEY GENERAL

"Operate."

- The term "operate" as used in O.C.G.A. § 46-3-52 means to run and to maintain a cogeneration facility. 1988 Op. Att'y Gen. No. 88-1.

- Under current Georgia laws, cogenerators may not make retail sales of electricity in Georgia except to electric suppliers. 1985 Op. Att'y Gen. No. 85-42.

- Since O.C.G.A. § 46-3-52 uses the term "person," which is defined as "a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity," and does not use the term "cogenerator," which is defined as the owner of a cogeneration facility, it does not appear that the act requires the operator of a cogeneration facility to own the facility. 1988 Op. Att'y Gen. No. 88-1.

Third-party ownership and/or financing is permissible for cogeneration facilities so long as the operator of the facility uses all of the electric energy, steam, or other form of useful energy produced at the facility or sells the excess electric energy produced in accordance with O.C.G.A. § 46-3-53 (see subsection (b)). 1988 Op. Att'y Gen. 88-1.

- Since the intent of the General Assembly is to authorize operators of cogeneration facilities to manufacture energy as necessary to meet their needs and to authorize the operators to sell any excess electrical energy to other electric utilities, it appears clear that the phrase "at such cogeneration facility" modifies the word "produced" and not the term "uses." Therefore, so long as the operator of the cogeneration facility uses all of the useful energy produced at the cogeneration facility with the exception of any excess electrical energy which is sold in accordance with the act, it is irrelevant where the energy is used. 1988 Op. Att'y Gen. No. 88-1.