Quimbee logo
DMCA.com Protection Status

Georgia Power Company v. Georgia Industrial Group

447 S.E.2d 118 (1994)

Case BriefRelatedOptions
From our private database of 28,700+ case briefs...

Georgia Power Company v. Georgia Industrial Group

Georgia Court of Appeals

447 S.E.2d 118 (1994)

Facts

In 1991, the Georgia legislature passed the Integrated Resources Planning Act (planning act). The planning act provided that utilities could recover costs for any demand-side programs for energy conservation, like interruptible service credits, that paid customers to reduce their consumption of electricity during periods of high demand. Utilities were permitted to collect an additional sum (subject to regulatory approval) as an incentive to administer such programs. The legislature intended that the planning act provide a mechanism for utilities to recover the costs of demand-side energy-conservation programs outside of the traditional ratemaking procedure. The traditional procedure employed the future-test-year accounting method. This traditional method provided utilities with an overall rate of return based on cost estimates rather than recovery of specific, actual costs as authorized by the planning act for demand-side programs. The traditional method required utilities to establish costs, like construction costs, as part of its rate base (i.e., total value of investments by a utility) so that it could receive rates from customers that provided a sufficient rate of return on investment. The planning act did not call for demand-side-program costs to be included in a utility’s rate base and simply provided for recovery in rates. Georgia Power Company (defendant) requested permission to recover the costs of certain demand-side programs through riders, or surcharges, on customers’ bills rather than through the traditional future-test-year accounting method. The Georgia Public Service Commission (the commission) authorized Georgia Power’s proposed recovery rider. The rider mechanism was designed to ensure that any inaccurate collection of costs would be remedied the following year. Georgia Industrial Group (plaintiff), representing industrial customers, appealed the commission’s orders to the superior court. The superior court reversed the commission’s orders as a violation of the accounting methods prescribed by OCGA § 46-2-26.1 (i.e., use of the future-test-year accounting method). Georgia Power appealed.

Rule of Law

Issue

Holding and Reasoning (Pope, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 546,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 546,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 28,700 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 546,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 28,700 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership