Title 46, Chapter 4, Section 160
( 46-4-160)
(a) With respect to a marketer certificated pursuant to Code Section 46-4-153, the commission shall have authority to: (1) Adopt reasonable rules and regulations governing the
certification of a marketer; (2) Grant, modify, impose conditions upon, or revoke a
certificate; (3) Adopt reasonable rules governing service quality; (4) Resolve complaints against a marketer regarding that
marketer's service; (5) Adopt reasonable rules and regulations relating to billing
practices of marketers and information required on customers'
bills. The commission shall require at a minimum that bills
specify the gas consumption amount, price per therm, distribution
charges, and any service charges. The commission shall prescribe
performance standards for marketer billing relating to accuracy
and timeliness of customer bills; (6) Adopt reasonable rules and regulations relating to minimum
resources which marketers are required to have in this state for
customer service purposes. The rules and regulations shall
require a marketer to have and maintain the ability to process
cash payments from customers in this state. The rules and
regulations shall provide procedures relating to the handling and
disposition of customer complaints; and (7) Adopt reasonable rules and regulations requiring marketers to
provide notification to retail customers of or include with
customer bills information relating to where customers may obtain
pricing information relative to gas marketers. (b) Prior to the determination by the commission pursuant to Code Section 46-4-156 that adequate market conditions exist within a delivery group, each marketer must separately state on its bills to retail customers within the delivery group the charges for firm distribution service and for commodity sales. (c) A marketer shall not refuse to sell gas to a potential firm
retail customer within the territory covered by the marketer's
certificate of authority if the sale can be made by the marketer
pursuant to the rules for service authorized by the marketer's
certificate of authority and upon terms that will provide the
marketer with just and adequate compensation. The price at which a
marketer sells gas shall not be fixed by the commission. (d) The commission and the consumers' utility counsel division of
the Governor's Office of Consumer Affairs shall have access to the
books and records of marketers as may be necessary to ensure
compliance with the provisions of this article and with the
commission's rules and regulations promulgated under this article. (e) Except as otherwise provided in this article, certification of a person as a marketer by the commission pursuant to Code Section 46-4-153 does not subject the person to the jurisdiction of the commission under this title, including without limitation the provisions of Article 2 of Chapter 2 of this title. (f) The provisions of Article 3 of Chapter 2 of this title shall
apply to an investigation or hearing regarding a marketer. The
provisions of Articles 4 and 5 of Chapter 2 of this title shall
apply to a marketer. (g) The provisions of Part 2 of Article 15 of Chapter 1 of Title 10,
the "Fair Business Practices Act of 1975," shall apply to a
marketer. (h) The commission, subject to receiving state funds for such
purpose, is required to have published at least quarterly in
newspapers throughout the state a summary of the price per therm and
any other amounts charged to retail customers by each marketer
operating in this state and any additional information which the
commission deems appropriate to assist customers in making decisions
regarding choice of a marketer. In addition, the commission shall
make such information available to Georgia Public Telecommunications
(GPTV) under the jurisdiction of the Georgia Public
Telecommunications Commission which will provide such information to
the general public at a designated time at least once a month. (i) A marketer shall render a bill to retail customers for services
within 30 days of the date following the actual monthly meter
reading. A 15 day grace period is permitted prior to the
application of any penalty. (j) Any marketer which willfully violates any provision of this Code section or any duly promulgated rules or regulations issued under this Code section or which fails, neglects, or refuses to comply with any order of the commission after notice thereof shall be liable for any penalties authorized under Code Section 46-2-91. |