Title 46, Chapter 3A, Section 6
( 46-3A-6)
Upon application of a utility or upon its own motion, the commission
may reexamine any certificate granted under this chapter to
determine whether new forecasts of future requirements require the
modification of the construction, purchase, sale, or expenditure for
a certificated capacity resource. If upon such reexamination the
commission finds that the certificated capacity resource is no
longer needed or that any additional certificated capacity resource
is needed to assure a reliable supply of electric power and energy
for the utility's Georgia retail customers, the commission may
modify or revoke the certificate. If the utility cancels, abandons,
or increases some or all of the capacity resource as a result of
such modification or revocation of the certificate, it may recover
through any rate-making vehicle over a reasonable period of time,
absent fraud, concealment, failure to disclose a material fact,
imprudence, or criminal misconduct, the amount of its investment in
such capacity resource, along with the cost of carrying the
unamortized portion of that investment, net of actual salvage value,
to the extent such investment is verified as made pursuant to the
certificate. The commission shall disallow such investment and
costs resulting from fraud, concealment, failure to disclose a
material fact, imprudence, or criminal misconduct. |