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Georgia Public Serv. Comm'n v. Sawnee Elec. Membership Corp.

The superior court should have deferred to the public service commission's interpretation of the terms "consumer" and "premises" under the large load customer choice exception to Georgia's Territorial Electric Service Act.

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In separate appeals, the Georgia Public Service Commission and Georgia Power Company challenge an order issued by the Superior Court of Fulton County reversing a decision by the PSC. The PSC had determined that under the “large load customer choice exception” to the Georgia Territorial Electric Service Act, OCGA § 46-3-1 et seq., “Territorial Act” or “Act” Georgia Power was properly selected as the electric supplier of a particular apartment complex. The trial court found otherwise. At issue here is whether the trial court erred in finding that this apartment complex did not qualify as a customer choice location within the meaning of the Territorial Act.1 Because the trial court failed to accord proper deference to the PSC in concluding that the large load exception did not apply, we reverse.

This case originated when Sawnee Electric Membership Corporation “Sawnee EMC” lodged a complaint against Georgia Power with the PSC alleging that Georgia Power was violating the Territorial Act by unlawfully providing service to the Aylesbury Farms Apartment Complex, an apartment complex located entirely within Sawnee EMC’s assigned service territory.

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