Title 46, Chapter 3A, Section 3
( 46-3A-3)
(a) After January 31, 1992, no utility shall commence the
construction of an electric plant, sell an existing plant or any
portion thereof which is included in the retail rate base or which
has been certified, enter into a long-term purchase of electric
power, or make expenditures for a demand-side capacity option for
serving the utility's Georgia retail customers without having first
obtained from the commission a certificate that public convenience
and necessity requires, or will require, such construction, sale,
purchase, or expenditure. (b) No utility shall increase or decrease the capacity of: (1) A generating unit of an electric power plant; (2) A long-term power purchase; or (3) A demand-side capacity option by more than 15 percent of its demonstrated capacity in megawatts
for serving the utility's Georgia retail customers without first
obtaining a certificate or an amendment to a certificate, as
appropriate, that public convenience or necessity requires or will
require such increase or decrease; provided, however, no certificate
shall be required if the increase or decrease is caused by a rule,
regulation, or law mandated by any duly constituted local, state, or
federal governmental body or agency or is caused by power pooling,
forced or maintenance outages, or short-term sales for a period of
less than one year. |