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Excelsior Elec. Membership Corp. v. Georgia Pub. Serv. Comm'n

The Public Service Commission properly applied the grandfather clause of O.C.G.A. § 46-3-8 subsection b in determining that the defendant was authorized to continue service that it had been lawfully providing to certain apartments within the plaintiff's territory pursuant to the large load exception, despite the conversion of the complex's metering from a single master meter to individual meters at each apartment.

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This case is before us for the second time after remand to the Superior Court for a determination of whether one of Excelsior Electric’s arguments on appeal was properly raised before the Public Service Commission PSC. The Superior Court determined that the argument was not raised and Excelsior appeals that determination as well as the original judgment. After reviewing the record, we conclude that there was no error and affirm.

The underlying facts are undisputed and are set out in detail in the Hearing Officer’s Decision. The premises at issue, the Campus Club Apartments in Statesboro, is located within Excelsior’s assigned service territory and consists of multiple detached buildings. The premises had a connected electrical load over 900 kilowatts at the time of initial full operation, qualifying as a customer choice load under the “large load exception” provision which states that “an electric supplier other than the primary supplier may provide service to “one or more new premises but if more than one, such premises must be located on the same tract or on contiguous tracts of land, if utilized by one consumer and having single-metered service and a connected load which, at the time of initial full operation of the premises, is 900 kilowatts or greater. . . .” OCGA § 46-3-8 a.

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