07 HB
587/AP
House
Bill 587 (AS PASSED HOUSE AND SENATE)
By:
Representatives May of the
111th,
Harbin of the
118th,
Fleming of the
117th,
and Roberts of the
154th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 2 of Chapter 4 of Title 46 of the Official Code of Georgia
Annotated, relating to the distribution, storage, and sale of gas, so as to
provide for revocation of a certificate of public convenience and necessity if
the holder of the certificate has not begun construction or operation of any
pipeline, or distribution system, or any extension thereof, in substantially all
of the territory covered by such certificate where an end-use customer, property
owner, or developer has requested natural gas service; to provide for related
matters; to provide for applicability; to provide for an effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
2 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating
to the distribution, storage, and sale of gas, is amended by adding a new
subsection to Code Section 46-4-28, relating to the suspension, revocation,
alteration, or amendment of certificates by the Public Service Commission, to
read as follows:
"(a.1)
Any certificate issued under this article shall be revoked or amended by the
commission upon application to the commission by a person to provide natural
gas service to a specified end-use customer, property owner, or developer who
has requested natural gas service if the holder of the certificate has failed to
begin construction or operation of any pipeline, or distribution system, or any
extension thereof, in substantially all of the territory covered by such
certificate. Once a person has filed such an application, the portion of the
certificate of the territory for which the applicant is seeking to provide
natural gas service to a specified end-use customer, property owner, or
developer shall be deemed revoked or amended. The commission shall determine
whether the applicant shall be entitled to a certificate for the territory that
has been excluded from the certificate by revocation or amendment, whether such
territory should be re-issued to the person who held the certificate at the time
of the application, or whether such territory shall be deemed uncertificated.
The commission shall make such determination within 90 days of the application
and shall consider, in addition to the factors set forth in subsection (a) of
Code Section 46-4-25, whether the applicant can offer service in a timely
manner, and such other factors the commission deems in the public interest. The
commission in determining whether to reissue a certificate to the person who
held the certificate at the time of the application shall consider the length of
time the certificate was held without service being provided. The newly
certificated area shall be designed by the commission to serve the customers,
property owners, or developers in question while ensuring a boundary with safety
and public welfare as the focus."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to all certificates in effect
or applied for on or after such date.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.