2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 4 - Distribution, Storage, and Sale of Gas
Article 5 - Natural Gas Competition and Deregulation
§ 46-4-150. Short Title
This article shall be known and may be cited as the "Natural Gas Competition and Deregulation Act."
(Code 1981, §46-4-150, enacted by Ga. L. 1997, p. 798, § 4.)
Law reviews.- For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 285 (2002).
JUDICIAL DECISIONS
Natural gas company's certification application properly denied.
- Georgia Public Service Commission was authorized to dismiss a natural gas company's application for certification because creation of a natural gas company as a Limited Liability Company (LLC) wholly owned by the city's utility board was in derogation of a city charter as the charter required the utility board to create a wholly owned subsidiary in the form of a non-profit corporation rather than a LLC; thus, the city's creation of a LLC was an ultra vires act. Infinite Energy v. Marietta Natural Gas, 349 Ga. App. 343, 826 S.E.2d 189 (2019).
Voluntary payment doctrine not applicable.
- Trial court erred by dismissing a class action complaint under O.C.G.A. § 9-11-12(b)(6) for failure to state a cause of action in a suit brought by customers against an energy company seeking recovery of overpayments as the voluntary payment doctrine did not apply to bar the action. Ellison v. Southstar Energy Servs., LLC, 298 Ga. App. 170, 679 S.E.2d 750 (2009), aff'd, 286 Ga. 709, 691 S.E.2d 203 (2010).
