2025 Code of Georgia
Title 46 - Public Utilities and Public Transportation (Chs. 1 — 9)
Chapter 3 - Electrical Service (Arts. 1 — 4)
Article 3 - Municipal Electric Authority of Georgia (§§ 46-3-110 — 46-3-155)
Annotations
JUDICIAL DECISIONS
Power of authority to function and contract as state instrumentality. —The Municipal Electric Authority has authority to function and contract as instrumentality of the state in providing electric power to the political subdivisions of the state which own and operate electric distribution systems, and to contract with power companies, electric membership corporations, and political subdivisions for the purchase, ownership, operation, and maintenance of the facilities which constitute the subject matter of the contracts. Thompson v. Municipal Elec. Auth., 238 Ga. 19, 231 S. E.2d 720, 1976 Ga. LEXIS 1077 (1976).
Immunity from antitrust laws. —The Municipal Electric Authority of Georgia (MEAG) is an “instrumentality of the state” as are its participants, political subdivisions who entered long-term power supply agreements, and is therefore immune from the antitrust laws under the state action immunity doctrine broadened by the Supreme Court in Town of Hallie v. City of Eau Claire, 471 U. S. 34, 105 S. Ct. 1713, 85 L. Ed. 2d 24 (1985) and Southern Motor Carriers Rate Conference, Inc. v. United States, 471 U. S. 48, 105 S. Ct. 1721, 85 L. Ed. 2d 36 (1985). Greensboro Lumber Co. v. Georgia Power Co., 643 F. Supp. 1345, 1986 U. S. Dist. LEXIS 21031 (N. D. Ga. 1986), aff'd, 844 F.2d 1538, 1988 U. S. App. LEXIS 6483 (11th Cir. 1988).
Act not preempted by federal law. —The Federal Telecommunications Act ( 47 USC § 151 et seq.) did not preempt the Georgia Public Service Commission from applying the Municipal Electric Authority of Georgia (MEAG) Act to forestall MEAG from applying for a certificate to sell excess telecommunications capacity to the public for hire. Municipal Elec. Auth. v. Georgia PSC, 241 Ga. App. 237, 525 S. E.2d 399, 1999 Ga. App. LEXIS 1502 (1999), cert. denied, No. S00C0601, 2000 Ga. LEXIS 366 (Ga. May 1, 2000).
Research References & Practice Aids
Hierarchy Notes:O. C. G. A. Title 46
O. C. G. A. Title 46, Ch. 3
- § 46-3-110. Declaration of necessity
- § 46-3-111. Definitions
- § 46-3-112. Creation of authority; status of authority as instrumentality of state; location of principal office and legal situs or residence of authority
- § 46-3-113. Number of members of authority; creation and operation of Municipal Electric Committee of Georgia Membership Election Committee
- § 46-3-114. Residency requirements for authority members; ineligibility of election committee representatives for membership; eligibility of members to succeed themselves
- § 46-3-115. Terms of authority members generally; time of meeting of election committee prior to annual meeting of authority
- § 46-3-116. Selection of additional representatives to election committee by political subdivisions subsequently contracting with authority
- § 46-3-117. Manner of distribution of votes among representatives to election committee; quorum of election committee
- § 46-3-118. Vacancies on authority
- § 46-3-119. Officers of authority
- § 46-3-120. Quorum of authority; action by majority vote; adjournment of meetings at which less than a majority is present
- § 46-3-121. Annual meeting of authority; special meetings; notice of meetings; waiver of notice; regular meetings other than annual meeting
- § 46-3-122. Reimbursement of members for expenses; making of rules and regulations by authority; employment of staff and personnel; designation of assistant secretary-treasurer
- § 46-3-123. Removal of authority members from office
- § 46-3-124. Books and records generally
- § 46-3-125. Purpose of authority
- § 46-3-126. Powers of authority generally
- § 46-3-127. Policy as to nonprofit operation of projects by authority; fixing of rates, fees, and charges by authority
- § 46-3-128. Declaration of authority property as public property; payments by authority in lieu of taxes; authority tax exemptions
- § 46-3-129. Contracts between authority and political subdivisions for use of projects and facilities of authority
- § 46-3-130. Eligibility of political subdivisions to contract with authority
- § 46-3-131. Issuance of revenue bonds and bond anticipation notes in general
- § 46-3-132. Validation of contracts for payments pledged as security for bonds
- § 46-3-133. Failure of district attorney to pursue judicial validation of bonds
- § 46-3-134. Bonds as legal investments; depositing bonds with public officers and bodies of state
- § 46-3-135. Pledge of authority’s revenues and earnings to payment of principal of and interest on bonds; setting aside of pledged revenues and earnings into sinking funds
- § 46-3-136. Securing of bonds by trust agreement or indenture
- § 46-3-137. Application of bond proceeds to cost of projects; issuance of additional bonds to remedy deficit in proceeds from bond issue; application of surplus proceeds
- § 46-3-138. Mutilated, LOST, stolen, or destroyed bonds and coupons
- § 46-3-139. Interest on bonds
- § 46-3-140. Cancellation of evidences of indebtedness and interest coupons
- § 46-3-141. Records of evidences of indebtedness issued
- § 46-3-142. Paying agents for bonds
- § 46-3-143. Bond anticipation notes
- § 46-3-144. Negotiability of bonds, notes, and other evidences of debt
- § 46-3-145. Liability of members of authority on bonds and notes; obligations of state and political subdivisions in regard to issued bonds or notes; requirement as to recital on face of bonds and notes
- § 46-3-146. Preservation of interests and rights of owners of bonds and notes
- § 46-3-147. Appointment of receiver for authority for default on bonds; duties of receiver; termination of receivership; jurisdiction of court over receiver
- § 46-3-148. Financing projects; application of revenues; time of payment; indemnity by political subdivisions; enforcement; assignment of payments; issuing resolutions governing dispositions of revenues
- § 46-3-149. Status of authority’s funds received from revenue bonds, fees, tolls, charges, gifts, grants, or other contributions as trust funds; lien of bond owners on funds
- § 46-3-150. Audits of authority and of funds established in connection with its debt
- § 46-3-151. Venue of actions
- § 46-3-152. Jurisdiction of commission over rates, services, and practices of authority
- § 46-3-153. Applicability of other laws to meetings and records of authority
- § 46-3-154. Supplemental nature of powers conferred by article
- § 46-3-155. Construction of article
