07 LC
36 0688S
The
House Committee on Energy, Utilities and Telecommunications offers the following
substitute to HB 587:
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 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 or whether the territory should be
re-issued to the person who held the certificate at the time of the application.
The commission shall make such determination within 90 days of the application
and shall consider factors such as whether the applicant can offer service at
less cost in accordance with a commission approved line extension policy and
other factors the commission deems in the public interest. The newly certified
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 on July 1, 2007 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.