Rule 515-7-1-.15 - Multiple Natural Gas Distribution Systems Within a Single Certificated Area(1) In the event that a person applies for a certificate to construct or operate in intrastate commerce any natural or manufactured gas distribution system, or any extension thereof, or to acquire ownership or control thereof, either directly or indirectly, for an area for which another person already possesses such a certificate, the applicant must show, in addition to the other demonstrations required by law and Commission rule, that the existing holder of the certificate for the area has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the Commission or any other law of this state regulating these pipeline or distribution systems, is not furnishing adequate service, or that the continuance of the holder's certificate with regard to the area in question is incompatible with the public interest.(2) In determining whether the existing certificate holder is furnishing adequate service or whether the continuance of the existing certificate holder's certificate with regard to the area in question is compatible with the public interest, the Commission shall consider: a)(i) the time period for which the requested area for certification has remained unserved, or not adequately served, by a provider or the current certificate holder in the requested area; and (ii) the reason(s) for the area not receiving service;b) whether the existing certificate holder did not serve a requesting customer within the applied for territory and the reasons for the failure to provide service.c) the cost impact, including any benefit, on ratepayers of granting the application for certification and amending the existing certificate versus denying the application for certification.d) any other factors the Commission deems relevant.(3) Should the Commission determine that the applicant has met the showing set forth in subparagraph (1) and (2) above, along with the other requirements for the granting of a certificate set forth in the pertinent Commission rules and orders, the Commission will: a) Grant the applicant a certificate for the area in question, andb) Amend the existing certificate holder's certificate to exclude the area in question.(4) Nothing in subparagraph (3) shall be construed to limit the Commission from taking any additional lawful action with regard to the applicant or existing certificate holder.(5) In the event that a person applies for a certificate to construct or operate in intrastate commerce any natural or manufactured gas distribution system, or any extension thereof, or to acquire ownership or control thereof, either directly or indirectly, for an area within the limits of the home county of a municipal or county corporation with a natural gas distribution system or natural gas facilities, the applicant must show, in addition to the other demonstrations required by law and Commission rule, that the granting of the application would not create any risk to public safety and welfare.(6) Except for good cause shown and upon credible testimony that such crossing or closure within eighty (80) feet is safe and affords no significant danger to the public safety and welfare and after hearing before the Commission, no person shall construct or install any natural gas facilities that cross or are located within eighty (80) feet from any pipeline facility of another person. This prohibition shall apply in all instances, including where, as of the effective date of this rule, the distribution system or facilities operated by more than one person are in existence within a single certificated area or home county. A copy of the application for leave filed under this Subsection shall be served on the gas system operator whose system would be crossed or approached with eighty (80) feet. In instances in which the rights of parties will not be substantially prejudiced, the Commission maintains the discretion to waive the requirement for a hearing prior to granting an exception to the prohibition against crossings or closures within eighty (80) feet if the party seeking the exception and the party whose natural gas facilities will be affected by the exception have both agreed to waive said hearing.(7) A municipality that annexes any area outside of the county that was the municipality's home county as of the effective date of this rule may not extend its distribution system into the annexed area, or any other area outside of its home county as of the effective date of this rule, if a certificate of public convenience and necessity has been issued to any other person covering such territory, unless it has been demonstrated that the holder of the certificate for the area has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commission or any other law of this state regulating these pipeline or distribution systems, is not providing adequate service or that the continuance of the holder's certificate with regard to the area in question is incompatible with the public interest. If an application for a certificate of public convenience and necessity is pending before the Commission for a territory outside the municipality's home county as of the effective date of this rule, a municipality shall not extend its distribution system into that area until a final determination on the application has been issued by the Commission. The municipality may intervene in the Commission docket on the pending application.(8) Nothing in this rule shall be deemed to alter the existing obligations pursuant to the Commission's GC-1 form of persons constructing or operating in intrastate commerce within this state any pipeline or distribution system, or any extension thereof, for the transportation, distribution, or sale of natural or manufactured gas.Ga. Comp. R. & Regs. R. 515-7-1-.15
O.C.G.A. Secs. 46-2-20, 46-4-20 to 46-4-28.
Original Rule entitled "Multiple Natural Gas Distribution Systems Within a Single Certificated Area" adopted. F. Sept. 25, 2006; eff. Oct. 15, 2006.Amended: F. Nov. 28, 2007; eff. Dec. 18, 2007.Amended: F. May 22, 2008; eff. June 11, 2008.