Title 46, Chapter 2, Section 59
( 46-2-59)
(a) In all proceedings before the commission, the parties to such
proceeding shall consist of the affected applicant, any person who
is permitted to intervene as provided in this Code section, and the
Utility Finance Section established pursuant to Article 2A of this
chapter. (b) Any person on whom a statute confers an unconditional right to
intervene may intervene by filing a notice of intervention with the
commission or hearing officer, as appropriate. (c) Any other person desiring to intervene must file an application
for leave to intervene within 30 days following the first published
notice of the proceeding. Any such application shall be in writing,
shall be verified either by the party intervening or by his attorney
on information and belief, shall identify the party requesting the
intervention, and shall set forth with particularity the facts
pertaining to his interest and the grounds upon which his
application for intervention are based. Such application shall be
served on all other parties in the proceeding, including those who
have previously applied for leave to intervene. No untimely
application for leave to intervene shall be granted by the presiding
authority except for good cause shown. (d) Any party or person who has previously applied for leave to
intervene in a proceeding in which leave to intervene is sought by
another person may file a response to the application for leave to
intervene within 15 days after the application is served. (e) The commission or hearing officer shall permit only the
following persons to intervene: (1) A person upon whom a statute confers an unconditional right to
intervene; (2) A person who demonstrates a legal, property, or other interest
in the proceeding. In determining whether to permit intervention,
the hearing officer may consider whether the person's interest is
adequately represented by other parties and whether the
intervention will unduly delay the proceedings or prejudice the
rights of other parties; (3) Any member of the General Assembly of the State of Georgia,
who may without fee intervene on behalf of his constituents with
the full rights and privileges of a designated party. (f) The commission or hearing officer may condition any order
permitting intervention so as to assure the orderly conduct of the
proceeding. (g) A person who is not a party may make a limited appearance by
making an oral or written statement of his position on the issues
within such limits and on such conditions as may be fixed by the
hearing officer; but he may not otherwise participate in the
proceeding. (h) A party granted leave to intervene shall be present, absent good
cause shown, during that portion of the proceedings for which that
party has indicated a desire to be heard.
(i) An order by a hearing officer denying or conditioning an
application for leave to intervene shall be immediately reviewable
by the commission. An order by the commission denying or
conditioning an application for leave to intervene shall be
immediately reviewable as provided by law for the judicial review of
final commission orders. (j) Nothing in this Code section shall be construed to prohibit the
commission from taking any action prior to the expiration of the 30
day period during which persons are permitted to file applications
for leave to intervene. |